We offer you to use the Website subject to the condition of your acceptance of all the terms, conditions and notices contained in these Terms and other policies on our Website without any changes, which may be amended from time to time.
By subscribing to or using any of our Services and Products you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the Services. These Terms are effective upon you registering yourself in the Website as defined herein below and your acceptance governs the relationship between you and Company including the sale and supply of any Products on the Website. By accessing the Website, you shall be contracting with the Company and these terms and conditions constitute your binding obligations, with the Company. If the terms and conditions mentioned herein conflicts with any other document, the Terms will prevail for the purposes of usage of the Website and enforcement of rights of either parties to the agreement.
Account & Security
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the owners of Kivu.in any unauthorised use of your password or account or any other breach of security, and (b) ensure that you sign-out/off from your account at the end of each session. The owners of Kivu.in cannot and will not be liable for any loss or damage arising from your failure to comply with this section or from misuse by any third party with or without your knowledge.
You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website, and refuse to provide you with further access to the Website.
Awareness & Consent
You hereby acknowledge, consent and agree that you have read and fully understood all the policies including the Terms in our Website.
Except as expressly provided in the Terms, no part of the Website can be reverse engineered, modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, created derivative works from, transferred, or sold any information or software obtained from the Website to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
Conditions for the use of the Website
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following conditions:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which
- belongs to another person, and to which you do not have any right to.
- is misleading in any way.
- infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of items related to the Website.
- interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;
- refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- 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 offense or prevents investigation of any offense or is insulting any other nation.
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- You shall not use any “deep-link”, “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 Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
- You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the owners of Kivu.in and / or others.
Representations by and Warranties of the User
User declares that he is of legal contractable age (18 years or above). The User guarantees, warrants, and certifies that he/she is the owner of the content which he/she submits or is otherwise authorised to use the content and that the content does not infringe upon the intellectual property rights or any other rights of any other persons. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark and copyright formerly or currently used by you in connection with the Services rendered by the Website.
Use of Services on the Website is free. There is no service charge or fee for browsing and placing order for the Products on the Website, and the payment collected for the Products are detailed in the tax invoice to be made available to you at the time of delivery. However, we reserve the right to charge fee and change applicable policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, we reserve, without notice to you, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us. Taxes, if payable in addition to the prices quoted on the Website, shall be declared as such before you place the order.
Intellectual Property Rights
All Intellectual Property Rights to and into the Website, including but not limited to, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks shall be owned by Kivu.in, unless otherwise indicated. You acknowledge and agree that you shall not use, reproduce or distribute any content from Kivu.in without obtaining authorisation from the owners.
It is expressly clarified that you will be the owner of and solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service.
Disclaimer of Warranties and Liability
We take utmost care in ensuring the highest level of accuracy about the content made available to you on this Website. However, this Website, all Products and Services, included on or otherwise made available to you through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing, except as may be specified for each product at the time of placing the order. Without prejudice to the forgoing paragraph, we are unable to accept responsibility for interrupted access to the Website due to technical problems outside of our control. Due to the nature of the Internet, access may be suspended, restricted or interrupted at any time, and we are therefore unable to guarantee entirely error-free access and services. We do not warrant –
- Website will be constantly available, or available at all
- Information on this Website is complete, true, accurate or non-misleading which may occur due to unwarranted actions of third parties or programs.
We do not warrant that this site; information, content, Products or Services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. You are contractually bound to pay for the Products ordered by you and your act of placing an order on the Website, unless cancelled as per the cancellation policy of Kivu.in as notified from time to time, shall create a binding legal contractual obligation between you and Kivu.in and you shall be liable to ensure payment for the same.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates.
Payment for the Products
You shall ensure that the payment for the Products shall be tendered as per the retail price (plus taxes as applicable) applicable for the products ordered by you and delivery charges (applicable in some cases) on the Website. The mode of payment for the order placed by you shall be via various payment gateways options or cash on delivery.
You also understand that all liability for the Products ordered by you shall pass on to you from the time the Products are delivered to you, at the address requested for delivery by you. Our liability is to the extent that the Products delivered to you conform to the specification as to the brand, quality and quantity of the Products ordered by you on this Website. You agree that the Products are delivered at applicable delivery cost which will be notified at the time of your placing of the order on the Website. You also agree and understand that the Products ordered on this Website are delivered to you at your entire cost and consequence.
While remitting payment by electronic means for the Products ordered on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorisation for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We do not accept any other form of currency with respect to the purchases made on Website.
Before shipping/delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase and to verify your age credentials.
Limitation of Liability
In no event shall the owners of Kivu.in be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms, even if the owners have been informed in advance of the possibility of such damages. Also, notwithstanding whatever mentioned anywhere else on this Website, the liability of the owners, including any liquidated damages under all circumstances shall be limited to the value of the order placed by you.
The User hereby agrees to indemnify, defend and hold harmless the Owners of Kivu.in, licensee, affiliates, subsidiaries, associates and employees, from and against any or all losses, liabilities, claims, damages, costs and expenses (including but not limited to legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against by a third party or incurred by the Owners of Kivu.in that arise out of, or result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to the Terms or your violation of the rights of a third party.
Pricing and availability
Whilst we use our best endeavours to try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any items which you have ordered, we will inform you of this as soon as possible and give you the option to revise your order at the correct price or to cancel the order.
All prices are inclusive of GST. Delivery Costs MAY be charged in addition based on location. Please refer to our “Delivery Policy” for more details.
Cancellation of order
We reserve the right to cancel any order placed by you on the Website at our sole discretion without assigning any reason whatsoever, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made within a reasonable time. Please refer to our “Exchange, Refund & Cancellation Policy”.
These Terms and conditions herein, constitute the entire agreement between you and us and supersede all previous statements and understandings whatsoever between us. Any failure by Owners of Kivu.in to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision under these terms and conditions is found in law to be unenforceable, then all other provisions of these terms and conditions shall remain in full force and effect. We reserve the right to cede, assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to a third party.
Jurisdictional – Sale within India
The products on the Website are presented solely for the purpose of effecting sale of Products within the territory of the Republic of India. We make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and we are not responsible for supply of Products ordered from other locations other than India, compliance with local laws if, and to the extent, local laws are applicable.
The terms on this website shall be governed by and constructed in accordance with the laws of India. The courts at Jalna, Maharashtra shall have exclusive jurisdiction to try any disputes arising out of the use of this Website.
Changes in policy
We also reserve the right to change the Terms, at any time. In case any changes, we will post the same so that you are always aware of our policy. Unless stated otherwise, our current Terms apply to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
In case of any dispute arising between you and us with respect to the use of this Website or the services facilitated there under, including dispute with any third party arising out of your use of this Website, you agree to refer the matter to arbitration for resolution of such dispute. The arbitration proceedings shall be undertaken by a sole arbitrator to be appointed by us, and you agree to submit absolutely to the jurisdiction of such arbitrator. The arbitration proceedings shall be carried out in accordance with the provisions of the Indian Arbitration Act, 1996 and the language of the arbitration shall be English. The arbitration proceedings shall be held at Jalna, Maharashtra and the cost of arbitration shall be borne by both parties equally.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: