Terms and Conditions
CHAPTER – I
Introduction, Definitions and Applicability
1.1 The domain portsidecafeshop.com (hereinafter referred to as “Website”) is owned and operated by ‘Kish Handicrafts Private Limited’, a company incorporated under the Companies Act, 1956, (herein referred to as the “Company” or “PortsideCafe” or “we” and its successors and assigns), having address at D-174, Sector 63, NOIDA – 201301, Gautam Budh Nagar, Uttar Pradesh and having GST Registration No. 09AACCK6198E1Z9 and having registered office at F-301, Lado Sarai, New Delhi – 110030.
1.2 The Website enables the User to buy or purchase furniture and/or accessories of their own choice from a wide variety available on the Website.
1.3 Your use of the Website and instances thereof between the Company and the users of the Website ("You" or "Your" or "Yourself" or "End User" or “Customer”) describe the terms on which the Company offers you access to the Website.
WE HIGHHLY RECOMMEND THAT YOU READ THE BELOW STATED TERMS & CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
1.4‘Days’ wherever mentioned in our terms and conditions is working days relevant to that particular location.
1.5 PortsideCafe reserves the right to make changes to these Terms & Conditions from time to time as and when deemed necessary and proper, and such changes will be effective immediately upon being posted on the Website. Each time you use the Site, you are bound to review the current Terms & Conditions. Your use of the Website is an acknowledgment that you have reviewed and read these terms and conditions and further agree to comply with the same and be legally bound thereby. By visiting the Website, you hereby agree & acknowledge that you have reviewed these terms and conditions. You also agree to comply with the same and be legally bound thereby. Please stop using the Website if you, in any event do not agree to the terms and conditions stated herein.
1.6 These terms and conditions govern your access to and use of the Website and the Services (as defined hereinafter). If you do not agree to these terms and conditions, you must refrain from using the Website and Services.
IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
2.2 By visiting, viewing or otherwise using the Website and and the Services (defined below) thereunder, You / User are, thereby, deemed to represent and warrant that you have read and understood, and agreed to be bound by the Terms of this Agreement. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. Irrespective of the use of the Website from any medium or device, including mobile, smart phone or tablet, the User is bound by this Agreement. This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which the Company shall treat your account and the information associated with it while you are registered as an End-User (as defined below) with us.
2.3 Modification of Agreement: The Company reserves the right to amend, modify (from time to time) or terminate any portion of the Agreement for any reason and at any time without further notice to you. Any such amendment or modification shall be effective once the Company posts a revised version of the Agreement on the Website. It is your responsibility to review this Agreement periodically. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and / or to specific areas of the Website or the App or to particular Service are also considered as part of the Agreement.
3. APPLICABILITY OF TERMS
3.1 For the purpose of these Terms, wherever the context so requires the term ‘You’ / ‘User’ / ‘End User’ shall mean any natural or legal person who has visited the Website by entering the domain name in any internet browser irrespective of whether any registration data has been provided to the Company or not. Any services provided by the Website which do not require registration do not absolve you of the contractual relationship established by this Agreement.
3.2 You/ the User acknowledges that these Terms are in electronic form and has the same force and effect as an agreement in writing.
4. APPLICABLE LAWS
4.1 The Agreement is published in compliance of, and is governed strictly by the provisions of Indian law. The Terms and all transactions entered and the relationship between You and PortsideCafe and any mutual claims shall be governed in accordance with the laws of India including but not limited to:
a.) the Indian Contract Act, 1872,
b.) the Information Technology Act, 2000, and
c.) the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the SPDI Rules), and Information Technology (Intermediaries Guidelines) Rules, 2011 (the IG Rules).
All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
5. CONDITIONS OF USE
5.2 Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are, for any reason, unable to provide Consent as per the SPDI Rules or as required hereunder, you are not eligible to register for, use or avail the services available on the Website.
5.3 Your use of the Website is under a license from us. Your license to use the Website is personal, revocable, non-assignable and non-exclusive. You, therefore may not use the Website for any commercial purpose.
5.4 The End-User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
5.5 You are responsible for each mobile / tablet you use to access the Website, including maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. The Company will not be liable for your failure to update or use the Website in the appropriate manner. In the event you provide any false or inaccurate details or the Company has reasonable grounds to believe that the information provided by you is false, the Company reserves the right to suspend your Account and / or discontinue the Services to you at its sole discretion. The Company does not accept any liability for the loss or damage sustained by you as a result of such false information provided by you.
5.6 You represent and warrant that any information that you provide in connection with your use of the Website is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Website.
6.1 The Company reserves the right to suspend or terminate an End-User's access to the Website and the Services, at its sole discretion, with or without notice to such End-Users and upon such termination, the End-User’s right to use the Website and the Services therein immediately ceases. The End-User agrees that the Company shall not be liable for such termination. You agree that in case of termination of your access to or use of the Website we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
6.2 Without prejudice to any other rights available to the Company under the Agreement or applicable law, the Company reserves the right to exercise any other remedy available under law, in the following cases:
a.) End-User breaches any terms and conditions of this Agreement;
b.) A third party reports violation of any of its right as a result of the End-User's use of the Services;
c.) End-User provides fraudulent, inaccurate, or incomplete information to the Website;
d.) the Company is unable to verify or authenticate any information provide to the Company by an End-User;
e.) the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such End-User; or
f.) the Company believes in its sole discretion that End-User's actions may cause legal liability for the End-User, other End-Users or for the Company or are contrary to the interests of the Website.
6.3 Once temporarily suspended, indefinitely suspended or terminated, the End-User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such End-User shall no longer have access to data, messages, files and other material kept on the Website by such End-User.
CHAPTER – II
Services and Products
7. SERVICES OF THE WEBSITE
7.1 This Agreement applies to all the Services (“Services”) made available by the Company on the Website including but not limited to the following:
1. Receiving orders of the product through the website portsidecafeshop.com
2. Accept / refund payment through a payment gateway service provider decided by the company for the product you purchase from the website.
3. Sale of the products as mentioned in the website.
4. Delivery of the products you have purchased from the website.
7.2 The Services may change from time to time, at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior intimation or consent of the End-Users.
8. GENERAL PRODUCTS RETURN & REFUND POLICY
8.1 The Company duly inspects each item carefully before packing and dispatching the same. However, if you notice any defects, please inform the Company with images of damages/ defects immediately within 24 hours of delivery of the product to firstname.lastname@example.org. The furniture/ product purchased that is refused because it does not fit through an entryway or will not fit into your room will be your responsibility as the Company encourages to study the sizes mentioned on the product page, with extra space for the packaging and person who carry the product, carefully and see if the furniture you order fits into your entryway and rooms.
8.2 It is hereby informed and stated that, there is no return or exchange on any of our items.
9. DAMGED, DIFFERENT OR DEFECTIVE ITEMS RECEIVED
The following general returns policy is applicable to all items sold on the Website. In general, an item may be eligible for return within the applicable return window if it fulfils one or more of the following conditions:
a.) It was delivered in a physically damaged condition; or
b.) It has missing parts or accessories; or
c.) A different product received from what was ordered
9.1 Manufacturing defects / damages to be notified to us within 24 hours of delivery in writing to our Email ID email@example.com from your registered Email ID with images properly showing damage/defects.
9.2 We will offer replacement or refund for any defective items within 3 days after the product received back in our warehouse. Once the refund is approved, the customer get the refund within 15 days of the approval. But it may take sometime to credit the amount in your account by the credit card companies or your bank. The refund amount will be credited back to the account which you have used to make the payment. In case of replacement, the replacement product will be despatched within 4 days after receipt of the damaged product in our warehouse. The return of any product has to be done within 7 days of delivery.
9.3 All items must be returned in their original condition, with price tags intact, user manual, original accessories as delivered to you. The Company may reject the return pickup if the items are not returned according to guidelines provided above.
FINAL CLEARANCE/ SALE
Final sale and clearance items are considered final sale and are non-returnable and non- refundable.
There may be errors in the prices, descriptions or images of certain merchandise, and the Company reserves the right to restrict orders of those items. In case of a replacement offered, the order or product will be replaced with the originally ordered item and cannot be changed against a variation in the current order (example Upholstery, Wood Finish or any customization), new order or a different product.
10. PRODUCT REFUND POLICY
The following refund policy shall be applicable to all products sold through the Website:
10.1 Subject to inspection and exercise of sole discretion by the Company, the products which are not damaged, unsealed, tampered or used by the End-Users are eligible for 100% Refund in the event of one or more of the following cases:
a.) a defective product is received; or
b.) the product is lost in transit, subject to the approval/confirmation of the Logistic Partner.
10.2 For more information The refund shall be initiated within 15 working days from the date of acceptance of the refund requests. For more information regarding the refund process, please read our “Return and Replacement” Policy.
10.3 For any refund requests with respect to products sold directly by the Company on the Website, the Company may be reached at firstname.lastname@example.org .
11 PRODUCT CANCELLATION POLICY
11.1 In the event, when the Customer wishes to Cancel the Ordered Item/ Items, the cancellation will only be allowed within 24 hours of the order only if the product has not yet been shipped by the Company. The Request will only be accepted, if the same is made from the Registered Email ID of the Customer. In the event when the request for cancellation is not made from the Registered Email ID of the You/ Customer, then the same shall be treated as invalid.
11.2 In the event when the cancellation is authorised, we will process your refund within 3 working days pursuant to the authorization. A fee of Rs. 500/- or 7% of the product value whichever is higher will be levied as cancellation charges.
11.3 It may also be noted, that it may take some time to credit the refund amount in your account by your credit card company or bank. In the said case, the Company will not be liable in any manner/form for the delay.
11.4 The refund amount will be credited back to the Bank Account / Credit Card which was used to make the payment.
11.5 The Customer cannot use the refund amount to buy another product.
11.6 In the event, a Customer wishes to place order of another product, the same will have to be made by placing a fresh order through our website.
11.7 It is clarified that the products and services of third parties listed on the Website (“Third party products and services”) does not form part of the products of the Company. Therefore, requests for refund; return or cancellation with respect to such Third party products and services shall lie directly with such third parties and not with the Company.
CHAPTER – III
User Account, Content and Privacy
Your Account username and password are personal to you. You cannot transfer your account and you will be responsible for the activities associated with your Account. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PortsideCafe reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
12.2 The Company will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your account, you shall immediately notify the Company.
12.3 It is your responsibility to keep your email address up-to-date on your account setup at so that the Company can communicate with you electronically.
12.4 By creating the Account, you agree to receive communications from the Company via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify the Company by email.
12.5 With respect to registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
12.6 You hereby expressly agree to receive communications and newsletters from PortsideCafe by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from PortsideCafe at any time by clicking on the “Unsubscribe” link given at the bottom of the newsletter you receive.
13. END-USER/ CUSTOMER ACCOUNT
a.) In connection with your use of the Services, you will be required to create and register an Account by completion of a registration form. You represent and warrant that all User Information uploaded or supplied by you in relation to your Account or any information you provide otherwise in connection with your use of the Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.
b.) You are responsible to share correct and accurate information with the Company for registration and maintenance of the User’s Account. You will also be responsible to inform the Company of any change to the any user information. A failure in doing so may lead to the Company (or third parties) being unable to provide its Services to you, in which case the Company shall not be liable or responsible for any loss, harm or injury.
c.) You are responsible for maintaining the confidentiality of your Account access information and username and password, if you are registered on the Website. You shall be responsible for all usage of your account and password, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your account or password. The Company will not be liable for your losses, damage or injury caused by any unauthorized use of your account, however, you may be liable for the losses of the Company or others due to such unauthorized use.
d.)The Company shall not be responsible in any manner for the authenticity of the User Information (personal information or sensitive personal data or information) supplied by you to the Company or to any other person acting on behalf of the Company or to any of the partnered service providers of the Company.
e.)If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the Services to you at its sole discretion.
f.) It is your responsibility to keep your correct mobile number and email ID updated in the Account. All relevant information and records will be sent to the mobile number and / or email ID associated with the Account. Every time you change any contact information (mobile or email), the Company will send a confirmation of this update. The Company is not responsible for any loss or inconvenience caused due to your non-updating of your contact details for the Account.
g.) If you logout of your Account, the Company will retain all your User Information especially to the extent that this data is anonymously stored for purposes of evaluating aggregated non-personally identifiable data for improving inter alia market research and efficiency of services.
13.2 USE OF INFORMATION
b.) The Company may use such information collected from the End-User from time to time for the purposes of debugging and customer support related issues.
13.3 TERMS APPLICABLE TO END-USER'S ACCOUNT
a.) Your Account is only created after you have signed up and explicitly accepted this Agreement.
b.) The Account is provided on a ‘best-efforts as-is basis’. While the Company strives to maintain the highest levels of service availability, the Company is not liable for any interruption that may be caused to your access of the Services.
c.) The Company uses industry level security and encryption to your Account. However, the Company cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual or suspected breach of account to the Company at email@example.com
14.1 WEBSITE CONTENT
a.) All content and other materials available through the Website and Services belong to the Company. The Company authorizes the End-User to view and access the content available on or from the Website solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website including but not limited to the, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website / App (collectively, the Company Content), are the property of the Company and are protected under copyright, trademark and other applicable laws. End-User shall not modify, copy or duplicate the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.
b.) Copying of the copyrighted content published by the Company on the Website / App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.
c.) The information in a non-personally identifiable aggregated form directly or indirectly collected from the End-User belongs to the Company.
d.) All content included on the Website, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively "Content"), is owned or licensed property of PortsideCafe or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all content on the Site are the exclusive property of PortsideCafe and protected by Indian and international copyright laws. The Content of the Site, and the Site as a whole, is intended solely for personal, non-commercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, non-commercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
e.) PortsideCafe and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Website. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of PortsideCafe’s or any third party’s intellectual property rights.
14.2 USER GENERATED CONTENT
a.) The role of the Company in publishing any End-User generated content is that of an intermediary under the Information Technology Act, 2000. The Company disclaims all responsibility with respect to the content of the End-User generated content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act.
b.) As mandated by Regulation 3(2) of the Information Technology (Intermediary Guidelines) Rules 2011, the Company hereby informs End-User that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i.) belongs to another person and to which the End-User does not have any right to;
ii.) grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii.) harm minors in any way;
iv.) infringes any patent, trademark, copyright or other proprietary rights;
v.) violates any law for the time being in force;
vi.) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.) impersonate another person;
viii.)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix.) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
c.) In addition to the above, End-User are also prohibited from:
i.) violating or attempting to violate the integrity or security of the Website or any of the Company Content;
ii.) intentionally submitting on the Website any incomplete, false or inaccurate information;
iii.) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
iv.) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
v.) copying or duplicating in any manner any of the Company Content or other information available from the Website; and
vi.) framing or hot linking or deep linking any the Company Content.
14.3 The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such prohibited information (as mentioned above) generated by End-User, or on being notified by the appropriate Government or its agency that the Website is being used by the End-User to commit any unlawful act and / or is being used in violation of Paragraphs 14.2. above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph. The Company is entitled to act, as required by the Information Technology (Intermediary Guidelines) Rules 2011, within 36 (thirty six) hours of obtaining such knowledge and, where applicable, work with End-Users to disable such information that is in contravention of applicable law. The Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
14.4 The Company may disclose or transfer End-User-generated content to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The Company will comply with any duly-issued government or court directions to disable access to the End-User-generated content, should it be found to be illegal by a competent governmental authority.
a.) the type of information collected, including sensitive personal data or information as defined in the SPDI Rules;
b.) the Information Technology Act, 2000, and
c.) how and to whom the Company will disclose such information; and,
d.) other information mandated by the SPDI Rules.
a.) the fact that certain information is being collected by the Company;
b.) the purpose for which the information is being collected;
c.) the intended recipients of the information;
d.) the nature of collection and retention of the information; and
e.) the various rights available to you in respect of such information.
15.3 The term personal information or sensitive personal data or information will have the meaning as assigned to them in the SPDI Rules.
15.5 PortsideCafe collects information from you in several places on this site to provide an efficient, meaningful, and customized experience. For example, we can use your personal information to:
a.) Help make this site easier for you to use by not having to enter information more than once.
b.) Help you find information, products, and services quickly.
c.) Help us create content on this site that is most relevant to you.
d.) Send you alerts on new products and services on offer.
15.6 Before using certain sections of this site or ordering products, you may be required to complete an online registration form. During registration, you will be prompted to provide to us with certain personal information, including but not limited to your name, shipping and billing address(es), phone number and email address.
15.7 We may also ask you to fill in some additional personal information like your anniversary or birth dates, or personal likes and dislikes to be able to service you better. We may also run contests and promotions from time to time to gather this information from our customers. Supplying such information is entirely voluntary.
15.8 Several locations on the site permit you to enter your email address for purposes including, but not limited to : registering for promotions; requesting us to notify you on particular offers or products, or signing up for our e-mail newsletter and special offers, including contests, which we may run from time to time. Your participation in contests is completely voluntary, so you can choose if you would like to participate and disclose information to us. We use this information to notify contest winners and to award prizes. We may post on our site and social media profiles (Facebook, Twitter etc.) the names and cities of contest winners.
15.9 The Company may internally use your personal information to improve our site's content and layout, to improve our outreach and for our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to this site.
15.10 The Company may use your personal information to process and fulfil your orders, to communicate with you for your orders and deliveries and to provide you with other client services that may be required to fulfil your order process. We will use your personal information to communicate with you about our site. Also, we may send you a confirmation email when you register with us. We may send you service-related announcements. Also, you may submit your email address for reasons such as to register for promotions; request we notify you regarding particular offers or products, or sign up for our email newsletter and special offers. If you submit your email address, we use it to deliver this information to you. We always permit you to unsubscribe or opt out of future emails. The ‘Unsubscribe’ link is given in all our promotion emails. However you cannot opt out of receiving emails related to your orders or your membership.
15.11 We aim to provide you with excellent service and to offer you a great selection on our site. We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone, except that:
15.12 As do most Internet retailers, we use other service providers (such as courier services) to perform specific functions on our behalf. When we disclose information to these service providers, we disclose information to help them to perform their service. In the example of courier services, we provide them some personally identifiable information such as your name, shipping address, email, and phone number.
15.15 The Company may share aggregate, non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
15.16 All information gathered by PortsideCafe is stored securely within a controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas or on your social media profiles is available to anyone with Internet access. Any information that you share with your friends and others under our 'share with your friend' feature or ‘Share your private showcase’ is at your risk. You must responsibly choose whom to share the information with.
15.17 The Company uses third-party service providers to serve ads on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user.
CHAPTER – IV
Third Party Relationships
16. THIRD PARTY SOFTWARE UPDATE
Our Website runs on specific versions of third party operating systems and browser software for your computer or Smart Device (Platform Software). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Website. If you update Platform Software prior to our making available an appropriate update to the Website, it is possible that you may no longer be able to use the Website, or the Website may not properly function.
17. THIRD PARTY WEBSITES
The Website may be linked to the website of third parties, affiliates and business partners. The Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, the Company does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. In the event if any contents of such third-party websites, infringes any intellectual property of any person, such third party shall alone be liable and the Company does not assume any responsibility for the same. The Company disclaims, and you agree to assume, all responsibility and liability for any damage, loss, injury or other harm, whether to you or to third parties, resulting from your use of third-party websites. You may use the links and these services at your own risk.
18. INTERMEDIARY APPLICATION AND THIRD PARTY SERVICES
18.1 The Website is merely a platform acting as an intermediary that provides services to parties including the End-User in association with Third Parties. The End-Users understand and agree that any interactions and associated issues with other End-Users and / or the Third Party sellers is strictly between you and the other part(ies). You shall not hold the Company responsible for any such interactions and associated issues. For avoidance of doubt, please note that the Company is not involved in and is not responsible for any outcome of the interactions between the End-User and the Third Party sellers.
CHAPTER – V
Disclaimers & Liability
19.1.1 No Warranties
19.1 Your Responsibility For Loss Or Damage
a.) You agree that your use of the Website and Services is at your sole risk. You will not hold the Company or its Third-Party Service Providers, licensors and suppliers, as applicable, responsible for any loss, damage or injury that results from your access to or use of the Services, or use of the Website, including and without limitation to any loss, damage or injury to any of your devices or data.
b.) The Company assumes no responsibility, and shall not be liable for, any damages, loss or injury to, or bugs, errors, viruses or other limitations and problems that may infect End-User's equipment on account of End-User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If an End-User is dissatisfied with the Website, End-User's sole remedy is to discontinue using the Website.
c.) You hereby acknowledge that a server failure or other event could result in the loss of all of the data related to your Account. The Company endeavours to have a backup server but is not liable in any manner for the loss of data as a result of the server failure and urges End-Users to back up the data related to their Account.
End-User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, injuries and / or costs (including reasonable attorney fees and costs) arising from the End-User's access to or use of Services, violation of this Agreement by the End-User, or infringement of any intellectual property or other right of any person or entity by the End-User. The Company will notify the End-User promptly of any such claim, loss, liability, or demand. In addition to the User's aforementioned obligations, the User agrees to provide the Company with reasonable assistance in defending any such claim, loss, liability, damage, injury or cost at the User's expense.
21. LIMITATION OF LIABILITY
a.) In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents, content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, arising from, or directly or indirectly related to the use of, or the inability to use, the Website, or the content, materials and functions related to the Services or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed. In no event shall the Protected Entities be liable for:
i.) provision of or failure to provide all or any service on the Website to End-Users contacted or managed through the Website;
ii.) any content posted, transmitted, exchanged or received by or on behalf of any End-User or other person on or through the Website;
iii.) any unauthorized access to or alteration of your transmissions or data;
iv.) any other matter relating to the Website or the Service; or
b.) In no event shall the total aggregate liability of the Protected Entities to an End-User for all damages, losses, injuries and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or an End-User's use of the Website or the Services exceed, in the aggregate Rs.10,000 (Rupees Ten thousand).
CHAPTER – VI
Grievance Redressal, Jurisdiction and Miscellaneous
22. CONTACT INFORMATION GRIEVANCE OFFICER
22.1 If an End-User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, the Company customer support can be reached at the following email address firstname.lastname@example.org
22.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Kish Handicrafts Private Limited
D-174, Sector 63
Noida – 201301
In the event you suffer as a result of access or usage of the Website by any person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules 2011, please address your grievance to the above person.
23. DISPUTE SETTLEMENT AND JURISDICTION
23.1 You agree that this Agreement and any contractual obligation between the Company and End-User will be governed by the laws of India.
23.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
23.3 Subject to the above Paragraph 20.2, the courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website / App or the Services or the information to which it gives access.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. However, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
26.1 You acknowledge that access to the Website will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “Transfer Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. we assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Transfer Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Transfer Lines. Use of the Transfer Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
26.2 You acknowledge that other End-Users have access to and are receiving our Services. Such other End-Users have committed to comply with this Agreement concerning use of the Services; however, the actions of such other End-Users are beyond our control. Accordingly, the Company do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any End-Users actions or failures to act.
26.3 The Company is not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft, corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. The Company is not responsible for the content of any information transmitted or received through our provision of the Services.