Terms and Conditions
Website Covered: www.epochelements.in
THE AGREEMENT: The use of this website and services on this website provided
by Kamonk Projects Private Limited (hereinafter referred to as "Owner")
are subject to the following Terms & Conditions (hereinafter the "Terms
of Service"), all parts and sub-parts of which are specifically
incorporated by reference here together with the Privacy Policy. Following are
the Terms of Service governing your use of www.epochelements.in (the
"Website"), all pages on the Website and any services provided
by or on this Website ("Services").
By accessing either directly or through a
hyperlink, the Website, and/ or purchasing something from us, you engage in our
"Service" and agree to be bound by the Terms of Service including
those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation vendors, buyers, customers, merchants, browsers
and/ or contributors of content. You acknowledge and agree that the Website may
use your personal information in the manner described in our Privacy Policy
which sets forth how information collected about you is collected, used and
stored.
1) DEFINITIONS
The parties referred to in these Terms of
Service shall be defined as follows:
a) Owner, Us, We: The Owner, as the
creator, operator, and publisher of the Website, makes the Website, and certain
Services on it, available to users. Kamonk Projects Private Limited, Owner, Us,
We, Our, Ours and other first-person pronouns will refer to the Owner, as well
as all employees and affiliates of the Owner.
b) You, the User, the Client: You, as the
user of the Website, will be referred to throughout these Terms of Service with
second-person pronouns such as You, Your, Yours, or as User or Client. For the
purpose of these Terms of Service, the term "User" or "you"
shall mean any natural or legal person who person is accessing the Website. The
term '"Your" shall be construed accordingly.
c) Parties: Collectively, the parties to
these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You
have read and reviewed these Terms of Service and that You agree to be bound by
it. If You do not agree to be bound by these Terms of Service, please leave the
Website immediately. The Owner only agrees to provide use of this Website and
Services to You if You assent to these Terms of Service. Further, based on the
Services obtained by a User, additional terms and conditions in respect of the
specific Services may apply, which shall be deemed an agreement between the
Users and the Owner.
3) ABOUT THE SITE
The Website is an online store which
carries out sale of the following: architectural hardware. We reserve the right
to refuse service or refuse to sell the products on the Website at our sole
discretion to anyone for any reason at any time.
The Website does not screen or censor the
users who register on and access the Website. You assume all risks associated
with dealing with other users with whom you come in contact through the
Website. You agree to use the Website only for lawful purposes without
infringing the rights or restricting the use of this Website by any third party.
4) LICENSE TO USE WEBSITE
The Owner may provide You with certain
information as a result of Your use of the Website or Services. Such
information may include but is not limited to, documentation, data, or
information developed by the Owner, and other materials which may assist in
Your use of the Website or Services ("Owner Materials"). Subject to
these Terms of Service, the Owner grants You a non-exclusive, limited,
non-transferable and revocable license to use the Owner Materials solely in
connection with Your use of the Website and Services. The Owner Materials may
not be used for any other purpose and this license terminates upon Your
cessation of use of the Website or Services or at the termination of these
Terms of Service.
You agree not to collect contact
information of other Users from the Website or download or copy any information
by means of unsolicited access so as to communicate directly with them or for
any reason whatsoever.
Any unauthorized use by you shall terminate
the permission or license granted to you by the Website and You agree that you
shall not bypass any measures used by the Owner to prevent or restrict access
to the Website.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services
provided by the Owner are the property of the Owner, including all copyrights,
trademarks, trade secrets, patents and other intellectual property ("Owner
IP"). You agree that the Owner owns all right, title and interest in and
to the Owner IP and that You will not use the Owner IP for any unlawful or
infringing purpose. You agree not to reproduce or distribute the Owner IP in
any way, including electronically or via registration of any new trademarks,
trade names, service marks or Uniform Resource Locators (URLs), without express
written permission from the Owner.
a) In order to make the Website and
Services available to You, You hereby grant the Owner a royalty-free,
non-exclusive, worldwide license to copy, display, use, broadcast, transmit and
make derivative works of any content You publish, upload or otherwise make
available to the Website ("Your Content"). The Owner claims no
further proprietary rights in Your Content.
b) If You feel that any of Your
intellectual property rights have been infringed or otherwise violated by the
posting of information or media by another of Our users, please contact Us and
let Us know.
6) USER OBLIGATIONS
As a user of the Website or Services, You
may be asked to register with Us. When You do so, You will choose a user
identifier, which may be Your email address or another term, as well as a
password. You may also provide personal information, including, but not limited
to, Your name. You are responsible for ensuring the accuracy of this
information. This identifying information will enable You to use the Website
and Services. You must not share such identifying information with any third
party and if You discover that Your identifying information has been
compromised, You agree to notify Us immediately in writing. An email
notification will suffice. You are responsible for maintaining the safety and
security of Your identifying information as well as keeping Us apprised of any
changes to Your identifying information. The billing information You provide
us, including credit card, billing address and other payment information, is
subject to the same confidentiality and accuracy requirements as the rest of
Your identifying information. Providing false or inaccurate information, or
using the Website or Services to further fraud or unlawful activity is grounds
for immediate termination of these Terms of Service. The Owner reserves the
right to refuse service, terminate accounts, or remove or edit content in its
sole discretion.
7) PAYMENT & FEES
Should You register for any of the paid
Services on this website or purchase any product or service on this website,
You agree to pay Us the specific monetary amounts required for that product or
those Services. These monetary amounts ("Fees") will be described to
You during Your account registration and/or confirmation process. The final
amount required for payment will be shown to You immediately prior to purchase.
We reserve the right to refuse service or
refuse to sell the products on the Website at our sole discretion to anyone for
any reason at any time.
8) ACCEPTABLE USE
You agree not to use the Website or
Services for any unlawful purpose or any purpose prohibited under this clause.
You agree not to use the Website or Services in any way that could damage the
Website, Services or general business of the Owner.
a) You further agree not to use the Website
or Services:
I) To harass, abuse, or threaten others or
otherwise violate any person's legal rights;
II) To violate any intellectual property
rights of the Owner or any third party;
III) To upload or otherwise disseminate any
computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful
gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or
defamatory material;
VII) To publish or distribute any material
that incites violence, hate or discrimination towards any group;
VIII) To unlawfully gather information
about others.
You are prohibited from using the site or
its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to infringe on any third party's
intellectual property or proprietary rights, or rights of publicity or privacy,
whether knowingly or unknowingly; (d) to violate any local, federal or international
law, statute, ordinance or regulation; ((e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information or any content which is
defamatory, libelous, threatening, unlawful, harassing, indecent, abusive,
obscene, or lewd and lascivious or pornographic, or exploits minors in any way
or assists in human trafficking or content that would violate rights of
publicity and/or privacy or that would violate any law; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to damage, disable, overburden, or
impair the Website or any other party's use of the Website; (j) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet; (l) to
personally threaten or has the effect of personally threatening other Users. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses. The Company has the full authority to
review all content posted by Users on the Website. You acknowledge that the
Website is not responsible or liable and does not control the content of any
information that may be posted to the Website by You or other User of the
Website and you are solely responsible for the same. You agree that You shall
not upload, post, or transmit any content that you do not have a right to make
available (such as, the intellectual property of another party).
You agree to comply with all applicable
laws, statutes and regulations concerning your use of the Website and further
agree that you will not transmit any information, data, text, files, links,
software, chats, communication or other materials that are abusive, invasive of
another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false,
misleading, harmful, threatening, hateful or racially or otherwise
objectionable, including without limitation material of any kind or nature that
encourages conduct that could constitute a criminal offence, give rise to civil
liability or otherwise violate any applicable local, state, provincial,
national, or international law or regulation, or encourage the use of
controlled substances.
We may, but have no obligation to, monitor,
edit or remove content that we determine in our sole discretion are unlawful,
offensive, threatening, libellous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party's intellectual property or these
Terms of Service.
You may not use our products for any
illegal or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright laws).
9) COMMUNICATION
You understand that each time uses the
Website in any manner, you agree to these Terms. By agreeing to these Terms,
you acknowledge that you are interested in availing and purchasing the Services
that you have selected and consent to receive communications via phone or
electronic records from the Website including e-mail messages telling you about
products and services offered by the Website (or its affiliates and partners)
and understanding your requirements. Communication can also be by posting any
notices on the Website. You agree that the communications sent to You by the
Website shall not be construed as spam or bulk under any law prevailing in any
country where such communication is received.
10) AFFILIATE MARKETING & ADVERTISING
The Owner, through the Website and
Services, may engage in affiliate marketing whereby the Owner receives a
commission on or percentage of the sale of goods or services on or through the
Website. The Owner may also accept advertising and sponsorships from commercial
businesses or receive other forms of advertising compensation.
11) PRIVACY INFORMATION
Through Your Use of the Website and
Services, You may provide Us with certain information. By using the Website or
the Services, You authorize the Owner to use Your information in India and any
other country where We may operate.
a) Information We May Collect or Receive:
When You register for an account, You provide Us with a valid email address and
may provide Us with additional information, such as Your name or billing
information. Depending on how You use Our Website or Services, We may also
receive information from external applications You use to access Our Website,
or We may receive information through various web technologies, such as
cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the
information gathered from You to ensure Your continued good experience on Our
website, including through email communication. We may also track certain of
the passive information received to improve Our marketing and analytics, and
for this, We may work with third-party providers.
c) How You Can Protect Your Information: If
You would like to disable Our access to any passive information We receive from
the use of various technologies, You may choose to disable cookies in Your web
browser. Please be aware that the Owner will still receive information about
You that You have provided, such as Your email address. If You choose to
terminate Your account, the Owner may store some information about You for the
future reference.
12) ASSUMPTION OF RISK
The Website and Services are provided for
communication purposes only. You acknowledge and agree that any information
posted on Our Website is not intended to be legal advice, medical advice, or
financial advice, and no fiduciary relationship has been created between You
and the Owner. You further agree that Your purchase of any of the products on
the Website is at Your own risk. The Owner does not assume responsibility or
liability for any advice or other information given on the Website.
13) SALE OF GOODS/SERVICES
The Owner may sell goods or services or
allow third parties to sell goods or services on the Website. The Owner undertakes
to be as accurate as possible with all information regarding the goods and
services, including product descriptions and images. However, the Owner does
not guarantee the accuracy or reliability of any product information and You
acknowledge and agree that You purchase such products at Your own risk. For
goods or services sold by others, the Owner assumes no liability for any
product and cannot make any warranties about the merchantability, fitness,
quality, safety or legality of these products. For any claim You may have
against the manufacturer or seller of the product, You agree to pursue that
claim directly with the manufacturer or seller and not with the Owner. You
hereby release the Owner from any claims related to goods or services
manufactured or sold by third parties, including any and all warranty or
product liability claims.
We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. Any orders
including orders by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address may be subject
to the above. We may restrict the sales of products or Services to any person,
geographic region or jurisdiction at our sole discretion as we may decide on a
case-by-case basis.
We further reserve an absolute right to
refuse any order placed by any person and to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers, resellers or distributors.
If we cancel your order, we will contact the e-mail and/or billing
address/phone number provided at the time the order was made.
We take care to accurately display the
colours and images of our products but, we cannot guarantee that your computer
or phone screen's display of any colour will be accurate. We also do not
provide any warranties that the quality of any products, services, information,
or other material purchased or obtained by you will meet your expectations and
standards, or that any errors in the Service will be corrected. Prices and
descriptions of products are subject to change at any time without notice, at
our sole discretion. We may remove or discontinue any products from our site
without prior notice. Any offer for any product or service made on this site is
void where prohibited.
We may provide you with access to
third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as
is" and "as available" without any warranties, representations
or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools. Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
14) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items
You may purchase from Us and You acknowledge and affirm that prices are subject
to change. When purchasing a physical good, You agree to provide Us with a
valid email and shipping address, as well as valid billing information. We
reserve the right to reject or cancel an order for any reason, including errors
or omissions in the information You provide to us. If We do so after payment
has been processed, We will issue a refund to You in the amount of the purchase
price within 15 days of order placement. We also may request additional
information from You prior to confirming a sale and We reserve the right to
place any additional restrictions on the sale of any of Our products. You agree
to ensure payment for any items You may purchase from Us and You acknowledge
and affirm that prices are subject to change. For the sale of physical
products, We may preauthorize Your credit or debit card at the time You place
the order or We may simply charge Your card upon shipment. You agree to monitor
Your method of payment. For any questions, concerns, or disputes, You agree to
contact Us in a timely manner at the following: info@kamonk.in.
We aim to deliver the products you purchase
as fast as possible and in good condition. Delivery is free for within India
orders if ordered from our website unless delivery charge is mentioned on our
website separately before payment by client.
Refunds: As per situation, if applicable as per our terms and condition policy,
we shall refund to client the amount within 30 days of acknowledging the
amount, however, if there is a case where we are to receive back the goods from
client, we shall refund the amount within 30 days of receiving back
goods.
Note below:
1. In case of cancelled, undelivered or
order is lost in route to your preferred destination, we will refund the whole
order amount comprising of shipping charges.
2. In case of partial cancellation of order
by you, the shipping charges will not be refunded.
3. In case you return the delivered order,
the original shipping charges won’t be refunded.
4. If you decide to self-ship the returns,
you’ll be reimbursed owing to our Returns Policy.
FREQUENTLY ASKED QUESTIONS
• How long does it take for an order to
reach us?
We attempt best to process all the orders
and ship within a day. The exact time of shipping is dependent on availability
of certain products, which will be discussed during ordering of the product.
After placing of order and according to the shipping address (which must be
within India), it could only take anywhere between 2 to 7 days for the order to
be delivered. A rare case may dictate for the order to get delayed due to the
non-accessibility of the address or unforeseen circumstances.
• How would I get to know whether I live in
a serviceable area or not?
If you wish to know about the serviceability
of your region, you may contact to us on info@kamonk.in and provide us with
your address along with pin code. For delivery outside of serviceable regions,
extra delivery charges may apply*
Note below:
All requests for returns and order
cancellation stands true against the below mentioned clauses.
1. Exchange / Returns will be made only
against a valid receipt.
2. Products sourced exclusively on
confirmed customer order will not be returned / exchanged.
3. Delivery charges and additional octroi
charges (if any) are not refundable.
4. Management reserves the right to amend
terms & conditions without prior notice.
5. Warranty will be governed by the terms
& conditions as mentioned on the Home Delivery challan.
6. In the event of any dispute, the same
shall be subject to Delhi Jurisdiction.
FREQUENTLY ASKED QUESTIONS /FAQs-
CANCELLATION & RETURNS
• Can I change / cancel my order?
You can cancel your order before the order
has shipped out from us (usually within few hours of order placement). We will
cancel the order and start the refund process. To cancel an order: Contact us
on info@kamonk.in . You can
change your order for any, same or higher value product/upgraded product.
• What if I have received a physically damaged
product?
We undergo an extensive quality check
process so be rest assured that the products are up to the international
standards and post that they are dispatched to you. However, in any rare case
(due to any handling issue of the Kamonk projects pvt. Ltd.), you receive a
damaged product, please contact us on info@kamonk.in within 7 days of
receipt of your order and email us a few photographs along with the order
number for us to assess the extent of damage. Depending upon the type of damage
we shall send necessary parts / replacement or send our expert technicians to
assess and fix the issue. *Replacements will be made based on availability of
that product on the website.
• What should I do if I find my package
opened or tampered with upon delivery?
Please don't accept an open or tampered
package. Report this concern by emailing us on info@kamonk.in . We will look into the
issue and get back to you soon.
• What if I receive a faulty/defective
product?
In case you receive a faulty product, we
request you to contact us on info@kamonk.in within 7 days of
receipt of your order. We will arrange a pickup for the product within 5
working days of receipt of your complaint and inspect the product. If the product
is found to be faulty/defective, we will replace it for you/issue a credit note
/ refund you the amount.
Following are the terms and conditions for
return/replacement.
1. Products must be in their original
condition
2. Only unused, unaltered, unsoiled
products with their original tags will be accepted
3. Brand packaging should be intact
*Replacements will be made based on
availability of that product on the website
• What if I do not like the product?
We, at Kamonk projects pvt ltd, work to
ensure that you get what you see on our website. We do not offer exchanges and
credit notes for such circumstances (unless the product was damaged on arrival
and we are unable to replace the item) If you have any questions about our
products or need more product information, please contact our customer service
on info@kamonk.in
15) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the
following actions:
a) Reverse engineer, or attempt to reverse
engineer or disassemble any code or software from or on the Website or
Services;
b) Violate the security of the Website or
Services through any unauthorized access, circumvention of encryption or other
security tools, data mining or interference to any host, user or network.
16) DATA LOSS
The Owner does not accept responsibility
for the security of Your account or content. You agree that Your use of the
Website or Services is at Your own risk.
17) INDEMNIFICATION
You agree to defend and indemnify the Owner
and any of its affiliates (if applicable) and hold Us harmless against any and
all legal claims and demands, including reasonable attorney's fees, which may
arise from or relate to Your use or misuse of the Website or Services, Your
breach of these Terms of Service, or Your conduct or actions. You agree that
the Owner shall be able to select its own legal counsel and may participate in
its own defence if the Owner wishes.
18) SPAM POLICY
You are strictly prohibited from using the
Website or any of the Owner's Services for illegal spam activities, including
gathering email addresses and personal information from others or sending any
mass commercial emails.
19) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to
third-party websites or other services. You agree that the Owner is not
responsible or liable for any loss or damage caused as a result of Your use of
any third party services linked to from Our Website.
20) MODIFICATION & VARIATION
The Owner may, from time to time and at any
time without notice to You, modify these Terms of Service. You agree that the
Owner has the right to modify these Terms of Service or revise anything
contained herein. You further agree that all modifications to these Terms of
Service are in full force and effect immediately upon posting on the Website
and that modifications or variations will replace any prior version of these
Terms of Service unless prior versions are specifically referred to or
incorporated into the latest modification or variation of these Terms of
Service.
a) To the extent any part or sub-part of
these Terms of Service is held ineffective or invalid by any court of law, You
agree that the prior, effective version of these Terms of Service shall be
considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these
Terms of Service and refer to the Effective Date posted at the top of these
Terms of Service to note modifications or variations. You further agree to
clear Your cache when doing so to avoid accessing a prior version of these Terms
of Service. You agree that Your continued use of the Website after any
modifications to these Terms of Service is a manifestation of Your continued
assent to these Terms of Service.
c) In the event that You fail to monitor
any modifications to or variations of these Terms of Service, You agree that
such failure shall be considered an affirmative waiver of Your right to review
the modified Agreement.
21) ENTIRE AGREEMENT
This Agreement constitutes the entire
understanding between the Parties with respect to any and all use of this
Website. This Agreement supersedes and replaces all prior or contemporaneous
agreements or understandings, written or oral, regarding the use of this
Website.
22) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access
to the Website to perform maintenance or emergency services on a scheduled or
unscheduled basis. You agree that Your access to the Website may be affected by
unanticipated or unscheduled downtime, for any reason, but that the Owner shall
have no liability for any damage or loss caused as a result of such downtime.
23) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of
Service with You at any time for any reason, with or without cause. The Owner
specifically reserves the right to terminate these Terms of Service if You
violate any of the terms outlined herein, including, but not limited to,
violating the intellectual property rights of the Owner or a third party,
failing to comply with applicable laws or other legal obligations, and/or
publishing or distributing illegal material. If You have registered for an
account with Us, You may also terminate these Terms of Service at any time by
contacting Us and requesting termination. Please keep in mind that any
outstanding fees will still be due even after termination of Your account. At
the termination of these Terms of Service, any provisions that would be
expected to survive termination by their nature shall remain in full force and
effect.
24) NO WARRANTIES
You agree that Your use of the Website and
Services is at Your sole and exclusive risk and that any Services provided by
Us are on an "As Is" basis. The Owner hereby expressly disclaims any
and all express or implied warranties of any kind, including, but not limited
to the implied warranty of fitness for a particular purpose and the implied
warranty of merchantability. The Owner makes no warranties that the Website or
Services will meet Your needs or that the Website or Services will be
uninterrupted, error-free, or secure. The Owner also makes no warranties as to
the reliability or accuracy of any information on the Website or obtained
through the Services. You agree that any damage that may occur to You, through
Your computer system, or as a result of the loss of Your data from Your use of
the Website or Services is Your sole responsibility and that the Owner is not
liable for any such damage or loss.
All information, software, products,
services and related graphics are provided on this site is "as is"
and "as available" basis with without warranty of any kind, either
expressed or implied. The Website disclaims all warranties, expressed or
implied including, without limitation, all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement or arising from a
course of dealing, usage, or trade practice. The company makes no
representation about the suitability of the information, software, products,
and services contained on this Website for any purpose, and the inclusion or
offering of any products or services on this Website does not constitute any
endorsement or recommendation of such products or services.
The Website makes no warranty that the use
of the Website will be uninterrupted, timely, secure, without defect or
error-free. You expressly agree that use of the site is at your own risk. The
Website shall not be responsible for any content found on the Website.
Your use of any information or materials on
this site or otherwise obtained through use of this Website is entirely at your
own risk, for which we shall not be liable. It shall be your own responsibility
to ensure that any products, services or information available through this
website meet your specific requirements.
The Website assumes no responsibility for
the accuracy, currency, completeness or usefulness of information, views,
opinions or advice in any material contained on the Website. Any information of
third parties or advertisers is made available without doing any changes and so
the Website cannot guarantee accuracy and is not liable to any inconsistencies
arising thereof. All postings, messages, advertisements, photos, sounds,
images, text, files, video or other materials posted on, transmitted through,
or linked from the Website, are solely the responsibility of the person from
whom such Content originated and the Website does not control and is not
responsible for Content available on the Website.
There may be instances when incorrect
information is published inadvertently on our Website or in the Service such as
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. Any errors, inaccuracies or omissions, may be corrected
at our discretion at any time and we may change or update information or cancel
orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend
or clarify information in the Service or on any related website, including
without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related
website should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
The Website shall not be responsible for
any interaction between you and the other users of the Website. Under no
circumstances will the Website be liable for any goods, services, resources or
content available through such third party dealings or communications, or for
any harm related thereto. The Website is under no obligation to become involved
in any disputes between you and other users of the Website or between you and
any other third parties. You agree to release the Website from any and all
claims, demands, and damages arising out of or in connection with such dispute.
You agree and understand that while the
Website has made reasonable efforts to safeguard the Website, it cannot and
does not ensure or make any representations that the Website or any of the
information provided by You cannot be hacked by any unauthorised third parties.
You specifically agree that the Website shall not be responsible for
unauthorized access to or alteration of Your transmissions or data, any
material or data sent or received or not sent or received, or any transactions
entered into through the Website.
You hereby agree and confirm that the
Website shall not be held liable or responsible in any manner whatsoever for
such hacking or any loss or damages suffered by you due to unauthorized access
of the Website by third parties or for any such use of the information provided
by You or any spam messages or information that You may receive from any such
unauthorised third party (including those which are although sent representing
the name of the Website but have not been authorized by the Website) which is
in violation or contravention of this Terms of Service or the Privacy Policy.
You specifically agree that the Website is
not responsible or liable for any threatening, defamatory, obscene, offensive
or illegal content or conduct of any other party or any infringement of
another's rights, including intellectual property rights. You specifically
agree that the Website is not responsible for any content sent using and/or
included in the Website by any third party.
The Website has no liability and will make
no refund in the event of any delay, cancellation, strike, force majeure or
other causes beyond their direct control, and they have no responsibility for
any additional expense omissions delays or acts of any government or authority.
You will be solely responsible for any
damages to your computer system or loss of data that results from the download
of any information and/or material. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions may not apply
to you.
In no event shall the Website be liable for
any direct, indirect, punitive, incidental, special, consequential damages or
any damages whatsoever including, without limitation, damages for loss of use,
data or profits, arising out of or in any way connected with the use or
performance of the site, with the delay or inability to use the site or related
services, the provision of or failure to provide Services, or to deliver the
products or for any information, software, products, services and related
graphics obtained through the site, or any interaction between you and other
participants of the Website or otherwise arising out of the use of the Website,
damages resulting from use of or reliance on the information present, whether
based on contract, tort, negligence, strict liability or otherwise, even if the
Website or any of its affiliates/suppliers has been advised of the possibility
of damages. If despite the limitation above, the Company is found liable for
any loss or damage which arises out of or in any way connected with the use of
the Website and/ or provision of Services, then the liability of the Company
will in no event exceed, 50% (Fifty percent) of the amount you paid to the
Company in connection with such transaction(s) on this Website.
You accept all responsibility for and
hereby agree to indemnify and hold harmless the company from and against, any
actions taken by you or by any person authorized to use your account, including
without limitation, disclosure of passwords to third parties. By using the Website,
you agree to defend, indemnify and hold harmless the indemnified parties from
any and all liability regarding your use of the site or participation in any
site's activities. If you are dissatisfied with the Website, or the Services or
any portion thereof, or do not agree with these terms, your only recourse and
exclusive remedy shall be to stop using the site.
25) LIMITATION ON LIABILITY
The Owner is not liable for any damages
that may occur to You as a result of Your use of the Website or Services, to the
fullest extent permitted by law. The maximum liability of the Owner arising
from or relating to these Terms of Service is limited to the lesser of Rs. 1000
(Rupees One Thousand only) or the amount You paid to the Owner in the last six
(6) months. This section applies to any and all claims by You, including, but
not limited to, lost profits or revenues, consequential or punitive damages,
negligence, strict liability, fraud, or torts of any kind.
26) GENERAL PROVISIONS:
a) LANGUAGE: All
communications made or notices given pursuant to these Terms of Service shall
be in the English language.
b) JURISDICTION, VENUE & GOVERNING
LAW: Through Your use of the Website or
Services, You agree that the laws of India shall govern any matter or dispute
relating to or arising out of these Terms of Service, as well as any dispute of
any kind that may arise between You and the Owner, with the exception of its
conflict of law provisions. In case any litigation specifically permitted under
these Terms of Service is initiated, the Parties agree to submit to the
exclusive jurisdiction of the courts at Delhi, India. The Parties agree that
this choice of law, venue, and jurisdiction provision is not permissive, but
rather mandatory in nature. You hereby waive the right to any objection of
venue, including assertion of the doctrine of forum non-conveniens or similar
doctrine.
c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by You. Should
these Terms of Service, or the rights granted hereunder, by assigned, sold,
leased or otherwise transferred by the Owner, the rights and liabilities of the
Owner will bind and inure to any assignees, administrators, successors and
executors.
d) SEVERABILITY: If any part or sub-part of these Terms of Service is held
invalid or unenforceable by a court of law or competent arbitrator, the
remaining parts and sub-parts will be enforced to the maximum extent possible.
In such condition, the remainder of these Terms of Service shall continue in
full force.
e) NO WAIVER: In the event that We fail to enforce any provision of these
Terms of Service, this shall not constitute a waiver of any future enforcement
of that provision or of any other provision. Waiver of any part or sub-part of
these Terms of Service will not constitute a waiver of any other part or
sub-part.
f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service
are for convenience and organization, only. Headings shall not affect the
meaning of any provisions of these Terms of Service.
g) NO AGENCY, PARTNERSHIP OR JOINT
VENTURE: No agency, partnership, or joint
venture has been created between the Parties as a result of these Terms of
Service. No Party has any authority to bind the other to third parties.
h) FORCE MAJEURE: The Owner is not liable for any failure to perform due to
causes beyond its reasonable control including, but not limited to, acts of
God, acts of civil authorities, acts of military authorities, riots, embargoes,
acts of nature and natural disasters, and other acts which may be due to
unforeseen circumstances.
i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under
these Terms of Service, including e-mail or fax. For any questions or concerns,
please email Us at the following address: info@kamonk.in.
