Terms and Conditions
KAVITA CORPORATION’S TERMS AND CONDITIONS
Welcome to Kavita Corporation!
The portal www.kavitacorporation.com operated by Kavita Corporation. Any natural or legal person who accesses and/or uses the website in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the website (“Service”) will be subject to these terms and conditions for use of the website (“Terms”), as updated from time to time. If these Terms are inconsistent with such Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product.
These Terms constitute an electronic record within the meaning of the Information Technology Act, 2002. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms carefully before using or accessing the website or availing any service. By using the website or availing any service, you signify your agreement to be bound by these Terms.
For the purposes of these Terms, “Products” shall mean the diverse range of products listed on the website from time to time.
TERMS AND CONDITIONS FOR USAGE OF THE WEBSITE
1. GENERAL
1.1 The terms and conditions for usage of the website as set out herein (“Terms of Use”) specifically govern your access and use of the website, which provides a forum for you to inter alia discover, select and buy Products listed on the website at the indicated price at any time, from the locations serviceable by us.
1.2 Please note that we may from time to time, modify the Terms of Use that govern your use of the website. Every time you wish to use our website, please check these Terms of Use to ensure that you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the website or suspend the operation of the website for support or maintenance work, in order to update the content or for any other reason, at any time.
1.3 We authorise you to view and access the website solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with the Return and Refund Policy. We therefore grant you a limited, revocable permission to access and use the Services.
1.4 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the concerned website under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including the terms of purchase of Products on behalf of the minor user. Further, if you are using the Services on behalf of a company or organisation, you represent that you have the authority to act on behalf of that entity, and that such entity accepts this Agreement.
2. REGISTRATIONÂ OF YOUR ACCOUNT
2.1 In order to purchase Products on the website and/or avail services thereof, you will have to register on the website. Registration is a one-time process and is free of cost.
2.1.1 You may register on KAVITA CORPORATION in one of the following ways:
a. Creating an account:  by providing the relevant information for the creation of your account on website and after filling in the necessary forms and providing the necessary details as may be required by us at the time of your registration.
2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the website and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
2.3 You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the website(s), terminate accounts, remove or edit content at any time without notice to you.
3. COMMUNICATIONÂ AND UNSUBSCRIPTION
3.1 By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the website and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
4. ACCESS TO IMAGES
4.1 By accepting the Terms, you provide explicit consent to us, to have access to your camera and gallery applications installed in your phone or computer, through which you are using the Platforms, for the purpose of enabling us to provide Services.
4.2 You acknowledge and agree that in addition to the restrictions set out in paragraph 11 (User Warranties and Restrictions), you will ensure that any image uploaded by you:
(i) Does not belong to another person, in relation to which you do not have any right; or
(ii) such image is not defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethically objectionable; or
(iii) is not harmful to child;
(iv) should not infringe any copyright or other proprietary rights; (v) does not impersonate another person; or
(v) Does not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
(vi) should not contain indecent representation of women in any form; or
(vii) violates any law for the time being in force, including but not limited to Information Technology Act, 2000, Indecent Representation of Women (Prohibition) Act, 1986 and Indian Penal Code 1860, and the rules made thereunder (as applicable).
4.3 When you upload images that are covered by third party intellectual property rights, you grant or in case of a third party, ensure that they are granted by you (whether by yourself or on behalf of the third party), a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, copy, or display, translate and create derivative works of the images that you upload, solely in connection with the Services.
4.4 You acknowledge and accept that for the purpose of providing Services, the images uploaded by you may be accessed, used or processed by a third party, and that we have no liability, obligation or responsibility of any nature towards you or such third party and the contract under such instances remains between you and such third party.
4.5 In the event of breach of any of the obligations mentioned in this paragraph 4 (Access to Images), you accept that we will not be liable to you or any third-party in relation to any claims, losses, liabilities, damages, and/or costs (including any attorney fees and costs) which may arise from breach of the aforesaid obligations. You further agree that you will be liable to indemnify us in accordance with paragraph 12 (Indemnification and Limitation of Liability) of the Terms.
5. DISCLAIMER OFÂ WARRANTIES, INACCURACIES OR ERRORS
5.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the website is correct at the time of inclusion on the concerned website. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
5.2 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the website shall constitute an invitation to invest in us or any affiliates. Any use of the website or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees nor agents shall be liable for any loss, damage or expense arising out of any access to, use of, or Kavita Corporation upon, this website, the Information, or any third-party website linked to the Platforms. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
5.3 As a means to assist the users in identifying the Products of their choice, we provide visual representations on the website including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
5.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
5.5 We do not covenant or provide any representations and warranties:
5.5.1 in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the website;
5.5.2 that the Services will be made available at all times; and
5.5.3 that the operation of the website, including the functions contained in any content, information and materials on any Platform or any third-party sites or services linked to the website will be uninterrupted, or that the defects will be rectified, or that the website or the servers that make such content, information and materials available are free of viruses or other harmful components.
5.6 THE PLATFORMS AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORMS, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer – To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platforms.
6. AVAILIBILITY AND ACCESIBILITY OF THEÂ PLATFORMS
6.1 We control and operate the website from India and make no representation that the materials and the content available on the website is appropriate to be used.
6.2 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
7. THIRD PARTYÂ INTERACTIONÂ AND LINKS TO THIRD PARTY SITES
7.1 In your use of the website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the website or access any other third-party website linked to the website. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
8. COPYRIGHTS IN KAVITA CORPORATION’Ss CONTENT
8.1 The website contain material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Kavita Corporation Content”). All copyright and other intellectual property rights in the Kavita Corporation Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Kavita Corporation Content as part of the website. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the website are either owned by or licensed to us.
8.2 You may use and display the Kavita Corporation Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us when you register on any of the Platforms, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Return and Refund Policy and for using and printing copies of the information on the website for your personal use and store the files on your computer for personal use only and not for business purposes.
8.3 The license granted to you does not include a license for:
(a) Resale of Products or commercial use of the website or Kavita Corporation Content,
(b) any collection and use of product listings, description, or prices,
(c) any use of the website, the Services and/or of Kavita Corporation Content other than as contemplated in these Terms of Use,
(d) any downloading or copying of login credentials of user,
(e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the website, and
(f) creating and/ or publishing your own database that features parts of the website.
8.4 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at kavita.corporation@gmail.com and let us know of your concerns.
9. Â TRADEMARKS
All the trade names associated with us and all Products and logos denoted with TM or R are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
11. Â USERÂ WARRANTIESÂ AND RESTRICTIONS
11.1 You represent and warrant that: (a) your use of the website and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with the website and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
11.2 You will use the website for lawful purposes only and will not undertake any activity that is harmful to the website or its content or otherwise not envisaged through the website. You have a limited license to access and use the website solely for the purpose of availing the Services, subject to these Terms of Use.
11.3 You will not do any of the following:
11.3.1 Delete or modify any content on the website, including but not limited to any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
11.3.2 Decompile, reverse engineer, or disassemble the content on the website;
11.3.3 Use the Services in any way that is unlawful, or harms Kavita Corporation or any other person or entity, as determined in Kavita Corporation’s sole discretion;
11.3.4 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the website;
11.3.5 Make false or malicious statements against the Services, the website or us;
11.3.6 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platforms and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platforms and/or the Services;
11.3.7 Introduce any trojans, viruses, any other malicious software, and any bots or scrape the website for any information;
11.3.8 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
11.3.9 Hack into or introduce malicious software of any kind onto the website;
11.3.10 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
11.3.11 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
11.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing on or through the website, any information that:
11.4.1 belongs to another person and to which you do not have any right;
11.4.2 is libellous, abusive, threatening, offensive, harmful, harassing on the basis of gender, racially or ethnically objectionable, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting, hateful, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intend to incite violence or otherwise violates any law or right of any third-party in any manner whatsoever;
11.4.3 harms minors in any way;
11.4.4 infringes any patent, trademark, copyright or other proprietary rights;
11.4.5 violates any law for the time being in force;
11.4.6 deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
11.4.7 Impersonates or defames another person; or
11.4.8 Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
11.4.9 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
11.4.10 is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game, or any illegal loan, or betting.
12. Â INDEMNIFICATION ANDÂ LIMITATIONÂ OF LIABILITY
You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platforms or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12.1 To the fullest extent permitted by law, in no event shall Kavita Corporation or any of its directors, officers, employees, agents or content or service providers (collectively, the “Kavita Corporation Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platforms or the content, materials and functions related thereto, the Services, provision of information via the Platforms, lost business, even if such Kavita Corporation Representatives have been advised of the possibility of such damages.
12.2 In no event shall Kavita Corporation Representatives be liable for:
12.2.1 The use or inability to use the website and/or the Services;
12.2.2 any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platforms; or
12.2.3 Any other matter relating to the Platforms or the Services.
12.3 Kavita Corporation is neither liable nor responsible for any actions or inactions of the other users of the website or any breach of conditions, representations or warranties by them. Kavita Corporation is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the website.
12.4 None of the directors, officials or employees of Kavita Corporation shall be personally liable for any action in connection with the Platforms or the Services thereto.
13. Â ACCESS OUTSIDE THE REPUBLIC OF INDIA
Kavita Corporation makes no representation that the content on the website is appropriate to be used or accessed outside the Republic of India. Your use of or access to the website from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction.
14. Â APPLICABLE LAWÂ ANDÂ JURISDICTION:
These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the website, whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Jaipur, India for the resolution of all such disputes.
15. Â FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
16. WAIVER
No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
17. Â SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
18. Â AMENDMENT
These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on the werbsite. You relationship with the website will be governed by the most current version of these Terms of Use, as published on the website.
19. Â MISCELLANEOUS
19.1 In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.
19.2 These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the website, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.