Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.KAYOKAIVENTURES.COM OR ANY OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR MOBILE APPLICATION (THE TOGETHER “WEBSITE”) OR AVAILING ANY OF THE PRODUCTS OF “KAYOKAI VENTURES PRIVATE LIMITED” (HEREINAFTER REFERRED TO AS “COMPANY” OR “US” OR “WE”) YOU INCLUDING THE PERSONS WHO BROWSES OR THE PERSONS WHO ORDERS THE PRODUCT FOR USE AGREE TO BE BOUND BY ALL OF THE T&C MENTIONED HEREUNDER.
Product Information:
We strive to provide accurate and up-to-date information about our products, including descriptions, images, ingredients, and usage instructions. However, we cannot guarantee the completeness or accuracy of the information. It is your responsibility to read and understand the product information and use the products appropriately.
Purchase and Payment:
By placing an order on our website, you warrant that you are at least 18 years old or have the permission of a parent or guardian. All purchases are subject to availability and acceptance. We reserve the right to refuse or cancel any order at our discretion.
Prices are displayed in the applicable currency and are subject to change without notice. Additional taxes, shipping fees, or customs duties may apply.
Pricing and Availability:
The Prices and availability of the Products, offers and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of the Company. The prices displayed at the Website are inclusive of Goods and Service Tax (“GST”) or other applicable taxes (if any), but do not include a delivery charge.
Payment Method:
The Payments for the Products available on the Website may be made in the following ways:
(a)Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPI, QR, PayPal and reward points.
(b) Cash on Delivery.
Taxes:
If you purchase any of our Products, you will be responsible for paying applicable taxes (if any) in relation to such purchase.
Shipping and Delivery:
We will make reasonable efforts to process and ship your order in a timely manner. However, we are not responsible for delays or non-delivery caused by factors beyond our control, such as shipping carrier delays, customs inspections, or incorrect address provided by the customer. Risk of loss and title for products pass to you upon delivery. Our shipping and delivery policy is outlined separately.
Tracking Facility:
Upon dispatch of the Product, you will receive an E-Mail/SMS with the details of the tracking number and the delivery partner/courier company.
Returns and Refunds:
Our returns and refund policy is outlined separately. Please refer to our Return Policy for more information.
Disclaimer of Warranties:
Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The “Company” expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products. Without limiting the generality of the foregoing, the “Company” makes no warranty. The information provided on this Website is accurate, reliable, complete, or timely; that the links to third-party websites are to information that is accurate, reliable, complete, or timely; no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein; as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and regarding any Products purchased or obtained through the Website.
The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.
The “Company” shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The “Company” does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.
Privacy:
The “Company” believes strongly in protecting user privacy and providing you with notice of the Company’s use of data. Please refer to our privacy policy, incorporated by reference herein, that is uploaded on the Website.
Intellectual Property:
All the brand names owned and licensed to the “Company” are exclusive property of the Company, its affiliates, partners or licensors, and is protected by applicable laws, including laws governing all applicable forms of intellectual property. The “Company” has the proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute any Product manufactured and/or distributed by the Company in whole or in part or in any other form whatsoever. The “Company” also has rights to all trademarks and trade dress and specific layouts of this webpage, including without limitation calls to action, text placement, images, technology, content, software and other materials, which appear on the Website, including its look and feel. No trademark is granted in connection with the Products or the materials contained on the Website. The access to the Website does not authorize anyone to use any trademarks in any manner. The trademarks displayed on the Website whether registered or unregistered, are the intellectual property of the “Company” including trademarks, logos, product names, and content on our website, are the property and protected by applicable laws. You are not permitted to use or reproduce any of our intellectual property without our prior written consent.
Use of Website:
The “Company” is not responsible for any damages resulting from use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
(b) not interfere with or disrupt the use and enjoyment of the Website by other users,
(c) not resell material on the Website,
(d) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
(e) not defame, harass, abuse, or disrupt other users of the Website,
(f) not to do or attempt to do any action which is 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, trolling, propaganda or otherwise unlawful in any manner whatever.
Site Security:
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; sending unsolicited email, including promotions and/or advertising of products or services; or forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability threatens the unity, integrity, defence, security or sovereignty of India, public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence.
License:
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You must not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the “Company” or the applicable third party (if third party content is at issue).
Limitation of Liability:
We strive to provide high-quality products and accurate information. However, we make no warranties, expressed or implied, regarding the performance, suitability, or reliability of our products or the information provided. In no event shall the “Company” be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or misuse of our products or services.
Indemnification:
You will release, indemnify, defend and hold harmless the “Company”, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of:
(a) this T&C or the breach of your warranties, representations and obligations under this T&C;
(b) the Website content or your use of the Website content;
(c) the Products or your use of the Products (including trial products);
(d) any intellectual property or other proprietary right of any person or entity;
(e) your violation of any provision of this T&C; or
(f) any information or data you supplied to the “Company”. When the Company is threatened with suit or sued by a third party, the “Company” may seek written assurances from you concerning your promise to indemnify the “Company”; your failure to provide such assurances may be considered by the “Company” to be a material breach of this T&C. The “Company” will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the “Company” choice at its expense. The “Company” will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the “Company” against any claim, but you must receive the “Company” prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.
You agree to indemnify and hold “Company”, its affiliates, officers, directors, employees, and agents harmless from any claims, losses, liabilities, damages, or expenses arising out of your use of our products or services.
Governing Law and Jurisdiction:
These terms and conditions shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts in New Delhi Only.
General:
Force Majeure:
The “Company” will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event..
Cessation of Operation:
The “Company “may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Amendments:
We reserves the right to amend or revise the T&C at any time by uploading a revised or amended T&C on the Website with or without prior notice. The amended T&C will be effective immediately after it is uploaded on this Website. Your access or use of the Website following any such changes constitutes your acceptance to follow and You shall be bound by these T&C, as amended. The version of the T&C that will apply to your order will be those uploaded on the Website at the time you use or access or place your order. For this reason, we encourage you to review these T&C each time you access and place your order. This T&C does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this T&C, please press CTRL + P.
You may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Website.
We reserve the right to block any user and permanently disable user account if we believe in our sole discretion that action of such user has resulted in breach of fair usage policy or T&C.
If you have any questions or concerns regarding these terms and conditions, please contact to us as per below mentioned details.
E-Mail Id
info@kayokaiventures.com
Phone /Mobile
+919818252756