Terms of service

TERMS AND CONDITIONS


INTRODUCTION

These Terms and Conditions (โ€œAgreementโ€) governs the use of the services (โ€œServiceโ€) that are made available by Kamakhyaa (โ€œWeโ€ or โ€œUsโ€ or โ€œOurโ€ or โ€œKAMAKHYAAโ€). These Terms and Conditions represent the whole agreement and understanding between KAMAKHYAA and the individual or entity who subscribes to our service through our online platforms www.kamakhyaa.com (โ€œWebsiteโ€). These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of marketplace platforms - www.kamakhyaa.com  (hereinafter referred to as "Platforms" or โ€œWebsiteโ€ or โ€œthe Sitesโ€)

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Kamakhyaa may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Kamakhyaa believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.


  • ACCEPTANCE OF TERMS OF USE
  1. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. If you do not accept all of these Terms, then you may not use our websites.
  2. These Terms include an Arbitration clause and a waiver of your right to participate in lawsuit. Kamakhyaa reserve the right/sole discretion, to modify or replace these Terms at any time. These changes do not affect rights and obligations that arose prior to such changes. Your continuous use of Kamakhyaa websites following the posting of modified Terms will be subject to the Terms in effect at the time of your use.
  3. Please review these Terms periodically, if you object to any provisions of these Terms or any modifications or become dissatisfied with Kamakhyaa websites in any way, your only recourse is to immediately terminate use of Our websites.


  • REGISTRATION

To access the Sites or some of the resource they offer, you may be asked to provide certain details such as name, address, email id, contact details, IP address or other information to become a registered user. It is a condition of your use of the websites that all the information you provide on the websites is correct, current and complete. You agree that all the information you provide to register with the websites or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy (insert the link for the Privacy Policy)


  • CONFIDENTIALITY

The Parties, undertake to maintain strict confidentiality and refrain from disclosure thereof, of all or any part of the information and data exchanged/generated from the Process under this Agreement for any purpose other than in accordance with this Agreement. It shall be the responsibility of both the Parties to ensure maintenance of such confidentiality in respect of their behalf and on behalf of their employees, representatives and associates involved in related activities.


  • SERVICES OFFERED

Kamakhyaa provides a number of Internet-based services through the Platforms. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion designers and brands (collectively, "Products"). The Products can be purchased through the Platforms through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies, like cancellation policy, exchange policy, return policy, etc. It is clarified that we accept the return request only if the product turns out to be defective or damaged or is not as it was described by us.  The users are required to confirm that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the userโ€™s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Kamakhyaa assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Kamakhyaa again assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

*Kamakhyaa does not warrant that Product description or other content on the Platforms is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

  • SALE & PURCHASE

In addition to the services provided, Kamakhyaa also offers information and marketing materials. The Websites also offers information, both directly and through indirect.

  1. Kamakhyaa has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services or links to third-party websites. Any link to third-party websites is provided solely as a convenience to you. You further acknowledge and agree that Kamakhyaa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
  2. Kamakhyaa do not claim ownership of any information data, text, photographs, video, messages, tags or other materials you submit for display or distribution or purchase to others through the Services.
  3. Our Service allows you to post, links, share and otherwise make available certain information, text, graphics, videos, or other material (โ€œContentโ€). You are responsible for the content posted and further any damages caused to you because of the content posted.
  4. If you wish to purchase any product through our platforms, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credentials, credit card, e-wallet and other payment system details (refer to the Privacy Policy *insert the link for the privacy policy*)
  5. You are required to conduct your due diligence before purchasing any product supplied by the third party at our platforms. Kamakhyaa will not be responsible for the content of or any damage that may result from your access/purchase to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. Kamakhyaa will try and locate the third party in any such event and forward the requisite information to you for further actions.


  • BREACH & CONSEQUENCES
  1. In the event of breach of any of the Terms being evidenced from our investigation or if there is reasonable belief, that your continuous access to the Platforms is detrimental to the interests of Kamakhyaa, our other users or the general public; we may in our sole discretion take any or all of the following actions:
  1. Suspend or delete your Account(s),
  2. Bar you from using or accessing the Services in the future,
  3. Forfeit any Cash Balance(s) associated with your Account(s),
  4. Report any suspicious or potentially illegal activity to legal or governmental Authorities, and to entities including banks, payment gateways, processors, or other financial institutions or intermediaries.
  5. Demand damages for breach and take appropriate civil action to recover such damages; and/or
  6. Initiate prosecution for violations that amount to offences in law.
  1. Additionally, we may suspend or otherwise put restrictions on your access to the Services on the Platforms during investigation for any of the following reasons:
  1. Suspected breach of security of your User Account;
  2. If there have been charge-backs on your User Account;
  3. Any alleged or actual money laundering activities on the Platforms; or
  4. Any other unauthorized use of the Platforms or the Services.
  1. Any such actions as enumerated above which may be taken by Kamakhyaa would be without prejudice to any other legal or equitable rights/remedies available to the Company.

Additionally, Kamakhyaa may immediately, without notice, deny you access to the Platforms if, in our opinion, you fail to comply with any or all of the Terms set forth herein.


  • DISCLAIMER OF WARRANTIES & LIABILITY
  1. All the materials and products and services, included on or otherwise made available to You through Platforms are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Kamakhyaa does not warrant that: Platforms will be constantly available, or available at all or the information on Platforms is complete, true, accurate or non-misleading.
  2. All the Products sold on Platforms are governed by different state laws and if we are unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to you. You will be required to enter a valid phone number while placing an order on the Platforms. By registering your phone number with us, you consent to be contacted by us via phone calls/SMS and or/WhatsApp notifications, in case of any order or shipment or delivery related updates. We will not use your personal information with any third-party website to initiate any promotional phone calls / SMS and or/WhatsApp Notifications.
  3. Kamakhyaa expressly disclaims all responsibility and liability for any harm resulting from:
  1. any activity or transactions with third parties whom you may have connected to through the Services, the Platforms or the Software;
  2. any User-generated Content, including reviews, photos, videos/audios or reels made for the Kamakhyaa will not lead to any violation of intellectual property rights with respect to such user related content; and/or
  3. mis-delivery due to wrong address provided by the customers or the un-timely delivery of any information or material.


  • INDEMNITY

You agree to indemnify, defend and hold Kamakhyaa harmless and our parent subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneysโ€™ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


  • PRICING

The price of our merchandise as mentioned on kamakhyaa.com is the Maximum Retail Price for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Prices may vary from place to place. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Kamakhyaa reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge delivery Charges which may include postal charges / shipment charges etc.  That may be applicable in India.


  • ACCURACY OF INFORMATION

The information presented on the Platforms has been compiled by the Company from various sources including from external sources. No representation is made, or warranty given as to the completeness or accuracy of such information. The Platforms may contain typographical errors and incomplete or out of date information. The Kamakhyaa reserves the right to make changes or modifications to the Content and information on the Platforms in order to meet the Company standards and regulations or update such information at any time without notice, but the Company makes no commitment to correct or update this information. If you seek to rely on any representation of information contained on the Platforms, any such reliance shall be at your own risk.


  • PRODUCT MAY VARY FROM THE PICTURE ON THE WEBSITE

Kamakhyaa hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The colour of the end product may vary as those compared to the one on the websites, which could only be because of the effects of the lights, enhanced lens of the camera or screen settings on your websites.


  • INTELLECTUAL PROPERTY RIGHTS
  1. The websites and all of their contents, features and functionality are owned by Kamakhyaa and are protected by international copyright, trademark, patent, trade secret and other intellectual property proprietary laws.
  2. You may access the material on the Sites only for your own personal, non-commercial use. You may not reproduce, distribute, modify, publicly display, download or transmit any of the material provided at any time.


  • WAIVER

You hereby waive any rights, whether existing or acquired in future, that are attributable to you under any applicable law, including (without limitation) any law, regulation or order concerned with privacy or personality rights, in relation to the matters contemplated herein, without any claim for compensation.


  • GOVERNING LAW, DISPUTE RESOLUTION & JURISDICTION

This Agreement shall in all respects be governed and interpreted by, and construed in accordance with, the laws of India.

  1. Any dispute, controversy or claim arising out of your use of the Platforms and/or under these Terms shall be subject to the exclusive jurisdiction of the courts at Haryana, India.
  2. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (โ€œNotificationโ€) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
  3. The place of arbitration shall be Haryana, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.

 

  • FORCE MAJEUERE

Kamakhyaa will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies, COVID-19 restrictions or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.


  • TERMINATION

You may cease using the Services and terminate your Account at any time, by writing to us at contactus@kamakhyaa.com and informing us of your intentions.


  • ENTIRE AGREEMENT

This Agreement, as may be updated from time to time and posted at www.kamakhyaa.com  and its associated websites, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral. This Agreement may be read in consonance with the Non-disclosure Agreement entered simultaneously between the parties.

BY USING THE WEBSITES OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.


  • GRIEVANCE/QUERY

We make all best endeavours to provide you with a pleasant experience. In any unlikely event that you face any issues or, If you wish to send us any questions or complaint regarding our products kindly email to us at contactus@kamakhyaa.com.

 

Questions about the Terms of Service should be sent to us at contactus@kamakhyaa.com