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Kun+nous Design Associates Is A Company Incorporated Under The Laws Of India, With Its Registered Office At /32 Kuril Bhuvan, Meher Cottage, S.v.road,
Ambawadi, Dahisar (e), Mumbai-400068,
Kun+nous Design Associates Is An Intermediary In The Form Of An Online Marketplace And Is Limited To Managing The Website To Enable Seller To Exhibit, Advertise, Display, Make Available And Offer To Sell The Products And To Enable Buyer To Purchase The Products So Offered ("products"), And Other Incidental Services Thereto ("services") Including Use Of The Website By Any User.
If There Is Any Conflict:
The Website Is An Electronic Platform In The Form Of An Electronic Marketplace And An Intermediary That (a) Provides A Platform For Users (who Are Sellers) To Advertise, Exhibit, Make Available And Offer To Sell Various Products To Other Users (who Are Buyers / Customers), And (b) A Platform For Such Other Users To Accept The Offer To Sell The Products Made By The Sellers On The Website And To Make Payments To The Sellers For Purchase Of The Products, And (c) Services To Facilitate The Engagement Of Buyers And Sellers To Under Commerce On The Website, And (d) Such Other Services As Are Incidental And Ancillary Thereto. The Services Are Offered To The Users Through Various Modes Which May Include Issue Of Coupons And Vouchers That Can Be Redeemed For Various Products.
Eligibility To Use
Kotlie Reserves The Right To Refuse Access To Use The Services Offered At The Website To New Users Or To Terminate Access Granted To Existing Users At Any Time Without According Any Reasons For Doing So.
You Shall Not Have More Than One Active Account (defined Hereunder) On The Website. Additionally, You Are Prohibited From Selling, Trading, Or Otherwise Transferring Your Account To Another Person.
User Account, Password, And Security
You May Access And Use The Website And The Services Either As A Registered User Or As A Guest User. However, Not All Sections Of The Website And Services Will Be Accessible To Guest Users.
Registered Users: Kotlie Makes Certain Sections Of The Services Available To You Through The Website Only If You Have Provided Kotlie Certain Required User Information And Created An Account And A Kotlie Id Through Certain Log-in Id And Password ("account"). You Can Create Your Account On The Website Through Logging In By Your Third Party Website User Id And Password Including That Of Www.facebook.com, Websites Owned By Yahoo Inc. Or Its Subsidiaries, Google Inc. Or Its Subsidiaries, Twitter Or Any Other Social Media Website Or Any Other Internet Service As Permitted On The Website (kotlie Id And/or Other Third Party Login Identification As Provided Above Are Individually And Collectively Referred To The "account Information").
In The Event, You Register As A User By Creating An Account In Order To Avail Of The Services Provided By The Website, You Will Be Responsible For Maintaining The Confidentiality And Security Of The Account Information, And Are Fully Responsible For All Activities That Occur Under Your Account. You Agree To (a) Immediately Notify Kotlie Of Any Unauthorized Use Of Your Account Information Or Any Other Breach Of Security, And (b) Ensure That You Exit From Your Account At The End Of Each Session. Kotlie Cannot And Will Not Be Liable For Any Loss Or Damage Arising From Your Failure To Comply With This Section. You May Be Held Liable For Losses Incurred By Kotlie Or Any Other User Of Or Visitor To The Website Due To Authorized Or Unauthorized Use Of Your Account As A Result Of Your Failure In Keeping Your Account Information Secure And Confidential.
You Shall Ensure That The Account Information Provided By You In The Website's Registration Form Is Complete, Accurate, And Up-to-date. Use Of Another User's Account Information For Availing The Services Is Expressly Prohibited.
If You Provide Any Information That Is Untrue, Inaccurate, Not Current Or Incomplete (or Becomes Untrue, Inaccurate, Not Current Or Incomplete), Or Kotlie Has Reasonable Grounds To Suspect That Such Information Is Untrue, Inaccurate, Not Current Or Incomplete, Kotlie Has The Right To Suspend Or Terminate Your Account And Refuse Any And All Current Or Future Use Of The Website / Services (or Any Portion Thereof).
Payments Related Information
Kotlie May Have Existing Arrangements With Its Banks, Regarding Limits On The Amounts You Can Pay (if You Are A Buyer) Or Receive (if You Are A Seller) In The Course Of A Single Transaction. Kotlie Will Work Towards Ensuring That You Are Made Aware Of Such Limits If They May Be Applicable To You. However, Kotlie Shall Be Under No Liability Whatsoever In Respect Of Any Loss Or Damage Arising Directly Or Indirectly Out Of The Decline Of Authorization For Any Transaction, On Account Of You/cardholder Having Exceeded The Preset Limit Mutually Agreed By Kotlie With Its Bank From Time To Time.
For Your Making Payments For Buying The Products On The Website, In Addition To The Agreement(s), The Terms And Conditions Of Your Bank, Applicable Financial Institution, And/or Card Issuing Association May Also Be Applicable To You. Your Bank, Financial Institution, Or Card Issuing Association May Decline Or Prevent You From Making Electronic Payments For Buying The Products On Website And Kotlie Does Not Control The Same And Shall Be Liable For The Same.
Payment Facility For Your Orders: Kotlie May From Time To Time Contract With Third-Party Payment Service Providers Including Banks To Open Nodal Bank Account Under Applicable Indian Laws, To Facilitate The Payment Between Users I.e. Buyers And Sellers And For Collection Of Kotlie's Fees And Other Charges. These Third-Party Payment Service Providers May Include Third-Party Banking Or Credit Card Payment Gateways, Payment Aggregators, Pre-paid Instruments, Cash On Delivery Or Demand Draft / Pay Order On Delivery Service Providers, Mobile Payment Service Providers Or Through Any Facility As May Be Authorized By The Reserve Bank Of India For Collection, Refund And Remittance, As The Case May Be Of Payment Or Supporting The Same In Any Manner. Kotlie Shall Initiate The Remittance Of The Payments Made By Your For Your Purchase Orders On The Website After The Products Are Delivered To You And The Date Of Completion Of Transaction Shall Be After The Products Are Delivered To You And Such Other Additional Time As May Be Agreed Between Kotlie And Sellers.
User Obligations And Role Of Kotlie
Subject To Compliance With The Agreement(s), Kotlie Grants You A Non-exclusive, Non-sub-licensable, Non-transferable, Revocable, And Limited Right To Access And Use This Website And The Services Provided Therein.
You Agree To Adhere To All Limitations On Dissemination, Use, And Reproduction Of Any Materials (such As The Product Catalogues) That Your Access On The Website In Accordance With Clause 7.
You Agree Not To Access (or Attempt To Access) The Website Or Services By Any Means Other Than Through The Interfaces That Are Provided By Kotlie. You Shall Not Use Any Deep-link, 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 Content (As Defined Below), Or In Any Way, Reproduce Or Circumvent The Navigational Structure Or Presentation Of The Website, To Obtain Or Attempt To Obtain Any Materials, Documents Or Information Through Any Means Not Specifically Made Available Through The Website.
If You Believe That Any Content Or User Content (as Defined Herein) Or Other Content Available On The Website Does Not Comply With The Terms Of The Agreement(s) Or Applicable Law, You May Report Such Content In The Manner Prescribed Under Clause 14 Herein.
The Website May Allow You To Post Certain Content, Data Or Information Of Your Own Such As Allowing You To Rate Products, Seller, Post Your Comments, And Reviews In Relation To Products On Specific Pages Of The Website, As Well As Submit Any Suggestions, Comments, Questions Or Other Information To Kotlie Using The Website / Services (collectively Referred To "user Content"). You, Being The Originator Of The User Content, Are Responsible For The User Content That You Upload, Post, Publish, Transmit Or Otherwise Make Available On The Website. You Represent That You Have Obtained All Relevant Consents And Approvals In Order To Post Any User Content. You Further Represent That All Such User Content Will Be In Accordance With Applicable Law. You Acknowledge That Kotlie Does Not Endorse Any User Content On The Website And Is Not Responsible Or Liable For Any User Content. Kotlie Reserve The Right To Disable Access To The User Content On The Website.
You Agree, Understand, And Acknowledge That The Website Is An Electronic Platform In The Form Of An Electronic Marketplace And An Intermediary That Provides An Electronic Venue Where Various Users May Electronically Meet And Interact With Each Other To Engage In Commerce And Transact. You Further Agree And Acknowledge That Kotlie Is Only A Facilitator And Is Not And Cannot Be A Party To Or Control In Any Manner Any Advertisement, Exhibition, Making Available, Offer To Sell Or Transactions Of Sale Or Purchase Of Products On The Website. Kotlie Is Not The Seller Of The Products. Accordingly, Any Contract For The Sale / Purchase Of Products On The Website Is A Bipartite Contract Between You And The Sellers (if You Are A Buyer) Or You And The Buyer (if You Are A Seller). Kotlie Neither Recommends You To Buy Or Sell Any Products On The Website Nor Does Kotlie Endorses Any Such Products And Nor Does Kotlie Provides Any Guarantee, Warranties Or Assurance With Respect To The Advertisement, Exhibition, Making Available, Offer To Sell Or Transactions Of Sale Or Purchase Of Products On The Website. Further, Kotlie Does Not Guarantee, Warranty, Or Provide Any Assurance On The Behaviour Of Any User Of The Website Including Any Guarantee, Warranty Or Assurance That Any User (whether Buyer Or Seller) Will Complete Any Transaction Or Act In A Prudent Manner.
When You Use The Website And/or The Services You Specifically Undertake Not To Host, Display, Upload, Modify, Publish, Transmit, Update Or Share Any Information Or Content That:
Belongs To Another Person And To Which The User Does Not Have Any Right To;
Is Grossly Harmful, Harassing, Blasphemous, Defamatory, Obscene, Pornographic, Paedophilic, Libelous, Invasive Of Another's Privacy, Hateful, Or Racially, Ethnically Objectionable, Disparaging, Relating Or Encouraging Money Laundering Or Gambling, Or Otherwise Unlawful In Any Manner Whatsoever;
Harms Minors In Any Way;
Impersonate Any Person Or Entity, Or Falsely State Or Otherwise Misrepresent Your Affiliation With A Person Or Entity;
Threatens The Unity, Integrity, Defense, Security Or Sovereignty Of India, Friendly Relations With the Foreign States Or Public Order Or Causes Incitement To The Commission Of Any Cognizable Offence Or Prevents Investigation Of Any Offence Or Is Insulting Of Any Other Nation;
Infringes Any Patent, Trademark, Copyright Or Other Proprietary Rights;
Contain Software Viruses Or Any Other Computer Code, Files Or Programs Designed To Interrupt Destroy Or Limit The Functionality Of Any Computer Resource;
Deceives Or Misleads The Addressee About The Origin Of Such Messages Or Communicates Any Information Which Is Grossly Offensive Or Menacing In Nature;
Engage In Any Activity That Interferes With Or Disrupts Access To The Website Or The Services (or The Servers And Networks Which Are Connected To The Website);
Attempt To Gain Unauthorized Access To Any Portion Or Feature Of The Website, Any Other Systems Or Networks Connected To The Website, To Any Kotlie Server, Or To Any Of The Services Offered On Or Through The Website, By Hacking, Password Mining Or Any Other Illegitimate Means;
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, The Website, Or Any Other Customer Of Kotlie, Including Any Kotlie Account Not Owned By You, To Its Source, Or Exploit The Website Or Service Or Information Made Available Or Offered By Or Through The Website, In Any Way Whether Or Not The Purpose Is To Reveal Any Information, Including But Not Limited To Personal Identification Information, Other Than Your Own Information, As Provided For By The Website;
Disrupt Or Interfere With The Security Of, Or Otherwise Cause Harm To, The Website, Systems Resources, Accounts, Passwords, Servers Or Networks Connected To Or Accessible Through The Websites Or Any Affiliated Or Linked Sites;
Use The Website Or Content For Any Purpose That Is Unlawful Or Prohibited By The Agreement, Or To Solicit The Performance Of Any Illegal Activity Or Other Activity Which Infringes The Rights Of Kotlie Or Other Third Parties;
Falsify Or Delete Any Author Attributions, Legal Or Other Proper Notices Or Proprietary Designations Or Labels Of The Origin Or Source Of Software Or Other Material Contained In A File That Is Uploaded;
Violate Any Code Of Conduct Or Other Guidelines, Which May Be Applicable For Or To Any Particular Service;
Violate Any Applicable Laws Or Regulations For The Time Being In Force Within Or Outside India;
Violate The Terms Of The Agreement.
You Shall Solely Be Responsible For Maintaining The Necessary Computer / Mobile Equipment, Internet Connections, And Other Software And Technologies That May Be Required To Access, Use, And Transact On The Website. You May Incur Access Or Data Fees From Third Parties In Connection With Your Purchase And/or Use Of The Services. You Are Responsible For All Such Fees.
You Shall Use This Website, And Any Voucher/coupons Purchased Through It, For Personal, Non-commercial Use Only And Shall Not Re-sell The Same To Any Other Person.
You May Need To Install Updates That We Or Any Third Party Introduce From Time To Time To Use The Services, Products, Website Including Downloads And Required Functionality, Such As Bug Fixes, Patches, Enhanced Functions, Missing Plug-ins And New Versions (collectively, "updates"). Your Use Of The Products Or Website You Have Installed Requires That You Have Agreed To Receive Such Automatically Requested Updates.
Any Purchase Of The Products From The Website Will Be Strictly For Personal Use Of The User. The User Hereby Expressly Agrees That Any Merchandise Or Services Purchased By The User Will Not Be Sold, Resold, Bartered Or In Any Way Used For Any Commercial Purposes Or For Profit. The User Hereby Acknowledges That The Products Purchased Are Not Transferrable To Any Third Party For Profit. Accordingly, Kotlie Reserves The Right To Cancel Any Orders That Classify As 'bulk Order' As Determined By Kotlie As Per Certain Criteria. Any Rewards Or Benefits Provided By Kotlie And Used By You For Placing The 'bulk Order' Will Not Be Refunded. An Order Can Be Classified As 'bulk Order' If It Meets Certain Criteria Adopted By Kotlie For The Purpose Of Identifying 'bulk Order', Including But Not Limited To:
A. Products Ordered For Commercial Resale And Not For Self-consumption;
B. Multiple Orders Placed For Same Product At The Same Address;
C. Bulk Quantity Of The Same Product Ordered;
D. Invalid Address Given In Order Details; Or
E. Any Malpractice Used To Place The Order.
There May Be Certain Orders That Kotlie Is Unable To Process Or Pass On Buyer's Order To The Seller And Must Cancel. Some Situations That May Result In Kotlie's Inability To Process Or Pass On Buyer's Order To The Seller Include, Without Limitation, Non- Availability Of The Website Service, Force Majeure, Credit Limitations Or Suspected Fraud.
In Case Buyer Purchases Multiple Products In One Transaction, The Seller(s) May Deliver All Such Products Together. However, This May Not Always Be Possible. If Buyer Purchases Multiple Products In A Single Transaction, Then All The Products Would Be Dispatched To A Single Delivery Address Provided By Buyer At The Time Of Purchase. If Buyer Wishes To Get Delivery Of The Products To Different Addresses, Then Buyer Should Purchase The Products Under Separate Transactions And Provide Separate Delivery Addresses For Each Transaction, As May Be Required. Buyer Agrees That The Delivery Of The Products Can Be Made To The Person Who Is Present At The Shipping Address Provided By You.
In Certain Cases, Where Buyer Requires Certain Services In Relation To A Product, Such As Warranty, After-sales Or Installation Services, Buyer Shall Directly Contact Seller Or The Manufacturer. However, In The Event, Buyer Contacts Kotlie For The Same, Kotlie May Inform The Seller To Provide Or Facilitate The Provision Of Such Services To The Buyer. Kotlie Is Not And Shall Not Be Obliged To Provide Any Such Additional Services. Kotlie's Role In Relation To Facilitating Such Services Shall Be Limited To Facilitating Communication Between Buyer And The Seller For The Purpose Of Provision Of Such Additional Services.
You Represent And Warrant That (i) You Are Not Located In A Country That Is Subject To A U.s. Government Embargo Or That Has Been Designated By The U.s. Government As A "terrorist Supporting" Country; And (ii) You Are Not Listed On Any U.s. Government List Of Prohibited Or Restricted Parties.
Use Of Content
Except As Expressly Indicated To The Contrary In Any Applicable Additional Service Terms, Kotlie Hereby Grants You A Non-exclusive, Revocable And Non-transferable Right To View, Download And Print Product Catalogues Available On The Website, Subject To The Following Conditions:
You May Not Modify Or Alter Product Catalogues Available On The Website;
You May Not Distribute Or Sell, Rent, Lease, License Or Otherwise Make The Product Catalogues Available On The Website Available To Others; And
You May Not Remove Any Text, Copyright Or Other Proprietary Notices Contained In The Product Catalogues Available On The Website.
The Rights Granted To You In The Product Catalogues Or Any Other Materials As Specified Above Are Not Applicable To The Design, Layout Or Look And Feel Of The Website. Such Elements Of The Website Are Protected By Intellectual Property Rights And May Not Be Copied Or Imitated In Whole Or In Part.
Any Software That Is Available On The Website Is The Property Of Kotlie Or Its Vendors. You May Not Use, Download, Or Install Any Software Available At The Website, Unless Otherwise Expressly Permitted By The Agreement Or By The Express Written Permission Of Kotlie.
Intellectual Property Rights
The Website And The Processes, And Their Selection And Arrangement, Including But Not Limited To All Text, Graphics, User Interfaces, Visual Interfaces, Sounds, And Music (if Any), Artwork And Computer Code (collectively, The "content") On The Website Is Owned And Controlled By Kotlie Or Its Licensors And The Design, Structure, Selection, Coordination, Expression, Look And Feel And Arrangement Of Such Content Is Protected By Copyright, Patent And Trademark Laws, And Various Other Intellectual Property Rights. Through Your Use Of The Website, By No Means Are Any Rights Impliedly Or Expressly Granted To You In Respect Of Such Content. Kotlie Reserves The Right To Change Or Modify The Content From Time To Time At Its Sole Discretion.
The Trademarks, Logos, And Service Marks Displayed On The Website ("marks") Are The Property Of Kotlie Or Their Vendors/seller Or Respective Third Parties. You Are Not Permitted To Use The Marks Without The Prior Consent Of Kotlie, The Vendor/seller Or The Third Party That May Own The Marks.
Unless Otherwise Indicated Or Anything Contained To The Contrary Or Any Proprietary Material Owned By A Third Party And So Expressly Mentioned, Kotlie Owns All Intellectual Property Rights To And Into The Trademark "kotlie", And The Website, Including, Without Limitation, Any And All Rights, Title And Interest In And To Copyright, Related Rights, Patents, Utility Models, Designs, Know-how, Trade Secrets And Inventions (patent Pending), Goodwill, Source Code, Meta Tags, Databases, Text, Content, Graphics, Icons, And Hyperlinks.
Except As Expressly Provided Herein, You Acknowledge And Agree That You Shall Not Copy, Republish, Post, Display, Translate, Transmit, Reproduce Or Distribute Any Content Through Any Medium Without Obtaining The Necessary Authorization From Kotlie Or Thirty Party Owner Of Such Content.
General Third Party Information Such As, Product Catalogues, Product Description And Specifications, Lists Of Dealers, Reports On News, Entertainment, Technology, And Features, Advertisements Including Videos, Images And Photographs Of The Products, Links To Third Party Websites And Other Data From External Sources Is Made Available On The Website ("Third Party Content"). The Provision Of Third Party Content Is For General Informational Purposes Only. You Acknowledge That The Third Party Content Provided To You Is Obtained From Sources Believed To Be Reliable Or Provided By The Sellers In The Process Of Advertising, Exhibiting And Offering To Sell The Products On The Website. All Third Party Content Is Provided On An 'as-Is' Basis. Kotlie May Not Own / Have The Rights And Title To Any Such Third Party Content, Or Provide Any Guarantee With Respect To The Accuracy, Title, Merchantability, Non-infringement, Or Fitness For A Particular Purpose Of Any Third Party Content. Kotlie Shall Not Be Held Liable For Any Loss Suffered By You Based On Your Reliance On Or Use Of Such Third Party Content.
9.2in The Event Any Third Party Content Contains Links To Third Party Websites, And You Visit Any Such External Link, You Agree To Do So At Your Own Risk, Responsibility And Liability. Kotlie Makes No Warranty Or
TAKE DOWN POLICY
Since Kotlie is an online market place and an intermediary as defined by applicable law, Kotlie is not obliged to monitor or
control the Products being sold on www.Kotlie.com ("Website") or monitor or control any other content on the Website.
However Kotlie at its discretion and in accordance with applicable law may choose to monitor any
Products or other content and may remove any such content from the Website if Kotlie determines in its sole discretion that such
content is in violation of Kotlie's policies or any applicable law.
Report Of Violations Of Kotlie Policy Or Law
If you believe that there is any content available on the Website which is contrary to Kotlie's policies or applicable law ("Objectionable Content"),
When you send such Objectionable Content Notice, please ensure that your notification contains the following details:
Your name, email id, phone number and postal address
The exact nature of the Objectionable Content (such as whether the Objectionable Content is a Product being sold by a Seller on the Website or is a Product review or a Product description)
The exact location (including the relevant web page) where the Objectionable Content appears
Why do you consider the content to be objectionable?
Report Of Violations Of Your Intellectual Property Rights
Kotlie also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any
manner, please fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") provided in the annexure below.
Please send the duly filed out IP Infringement Notice via email to cs@Kotlie.com. Any incomplete or improperly filled out document may not be considered.
When You send us an Objectionable Content Notice or and IP Infringement Notice (collectively referred to as "Notice(s)"
You declare that all statements made by you are true;
You acknowledge and agree that we may share your Notice to third parties including the parties involved in the allegedly
objectionable activities / infringing activities, our group companies, our advisors and other third parties;
You agree to indemnify Kotlie and its group companies against all claims which may arise in connection with such a Notice being made by You.
Once we receive a Notice
We will evaluate the contents of the Notice
We may take such action as we deem appropriate in keeping with our policies and applicable law which may include,
asking further details from you or taking down the content that was the subject matter of Your Notice.
To report infringement of trademark/copyright/design on www.Kotlie.com
Notice of Infringement
Kun+Nous Design Associates L.L.P
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner,
its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
I may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below.
When removing products from the site,Kotlie will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
Trademark owner doesn't make this type of product or has discontinued the production of the product
Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
Listing(s) has unlawful comparison to trademark owner's brand or product
Listing(s) contains unlawful use of trademark owner's logo
Software is being offered without any license or in violation of a license
Item(s) is a bootleg recording;
Item(s) is an unlawful copy (software, games, movies, etc.);
Item(s) is unlawful duplication of printed material
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
Listing(s) comprises unauthorized copy of copyrighted text
Listing(s) comprises unauthorized copy of copyrighted image
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Item Number(s): ___________________________________________________________
Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to email@example.com; or firstname.lastname@example.org.
Report Abuse And Take Down Policy
or if You believe your intellectual property rights have been violated in any manner through the Website, please refer to the Kotlie Report and
Take Down Policy available at www.Kotlie.com under "Policy Info" section.
When You use the Website or send emails or other data, information or communication to Kotlie, You agree and understand that
You are communicating with Kotlie through electronic records and You consent to receive communications via electronic records from
Kotlie periodically and as and when required. Kotlie will communicate with You by email or by notices on Website or electronic records on
the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party
and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Kotlie's rights and/or obligations under the
Agreement are freely assignable or otherwise transferable by Kotlie to any third parties without the requirement of seeking Your prior consent.
Kotlie may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Kotlie shall have the right to transfer
Your Account and Account Information to a third party who purchases Kotlie's business as conducted under the Website.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision,
and the remainder of the Agreement shall continue in full force and effect. Kotlie may amend in a reasonable manner such provision to make
Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a
waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of or preclude
Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
the joint venture, the association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Kotlie.
As an abundant caution, it is clarified that Kotlie shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Kotlie have entered this agreement on principal to principal basis.
(for eg: logistics service provider, fulfillment center, payment gateways, etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, 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, which are beyond the reasonable control of Kotlie or its third parties performing such services as sub-contractor to Kotlie and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Kotlie shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Kotlie shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
Grievance Officer: In compliance with the Information Technology Act, 2000, and the rules made thereunder, the Grievance Officer of Kotlie for the purpose of this Agreement shall be Mr. Kariim.Parmar with email email@example.com
“Kun+Nous Design Associates L.L.P” and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, "Kotlie") is/are concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non-registered) accessing, offering, selling or purchasing products or services on Kotlie's websites, mobile sites or mobile applications ("Website") on the Website and otherwise doing business with Kotlie. "Associate Companies" here shall have the same meaning as ascribed in Companies Act, 2013.
The type of data or information that You share with or provide to Kotlie and that Kotlie collects from You;
The purpose for collection of such data or information from You;
Kotlie's information security practices and policies; and
Information collected and storage of such Information:
The "Information" (which shall also include data) provided by You to Kotlie or collected from You by Kotlie may consist of "Personal Information" and "Non-Personal Information".
Your user name along with Your password,
Your telephone number,
Your e-mail address or other contact information,
Your date of birth,
Information regarding your transactions on the Website, (including sales or purchase history),
Your financial information such as bank account information or credit card or debit card or other payment instrument details,
Internet Protocol address,
Any other items of ‘sensitive personal data or information' as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
Identification code of your communication device which You use to access the Website or otherwise deal with any Kotlie entity,
- Any other Information that You provide during Your registration process, if any, on the Website. Such Personal Information may be collected in various ways including during the course of You:
registering as a user on the Website,
registering as a seller on the Website,
availing certain services offered on the Website. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Kotlie's customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or
- Non-Personal Information:
Kotlie may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Kotlie to identify You personally. This Non-Personal Information may include:
Your geographic location,
details of Your telecom service provider or internet service provider,
the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
the operating system of Your system, device and the Website You last visited before visiting the Website,
You hereby represent to Kotlie that:
- The Information you provide to Kotlie from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Kotlie.
- Your providing the Information to Kotlie and Kotlie's consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
- Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
- Purpose for collecting, using, storing and processing Your Information Kotlie collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Kotlie entities and shall include the following:
to facilitate Your use of the Website or other services of Kotlie entities;
to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
to provide You with information about products and services available on the Website and to send You information, materials, and offers from Kotlie;
to send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
to send You surveys and marketing communications that Kotlie believes may be of interest to You;
to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
to help You address Your problems incurred on the Website including addressing any technical problems;
if You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
for proper administering of the Website;
to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
to improve the services, content and advertising on the Website;
to provide value added services such as Single Sign On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;
to facilitate various programmes and initiatives launched by Kotlie or third party service providers and business associates
to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
to conducting academic research and surveys
to protect the integrity of the Website;
to respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
to permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
to implement information security practices;
to determine any security breaches, computer contaminant or computer virus;
to investigate, prevent, or take action regarding illegal activities and suspected fraud,
to undertake forensics of the concerned computer resource as a part of investigation or internal audit;
to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by Kotlie;
Sharing and disclosure of Your Information
You hereby unconditionally agree and permit that Kotlie may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Kotlie entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Kotlie under applicable law.
Kotlie may also share Personal Information if Kotlie believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
Links to third party websites
Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Kotlie unless expressly specified on the Website.
Security & Retention
The security of your Personal Information is important to us. Kotlie strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Kotlie adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Kotlie stores Your Personal Information. Each of the Kotlie entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Kotlie entities from any claim of damages under contract or under tort.
If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
Kotlie may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Kotlie is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Kotlie is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).
Notwithstanding anything contained in this Policy or elsewhere, Kotlie shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A Force Majeure Event shall mean any event that is beyond the reasonable control of Kotlie and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Kotlie), power or electricity failure or unavailability of adequate power or electricity.
While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
User discretion and opt out
You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Kotlie to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Kotlie entity as may be notified to You. In such case, You should neither visit any Website nor use any services provided by Kotlie entities nor shall contact any of Kotlie entities. Further, Kotlie may not deliver products to You, upon Your order, or Kotlie may deny you access from using certain services offered on the Website.
You can add or update Your Personal Information on regular basis. Kindly note that Kotlie would retain Your previous Personal Information in its records.
For “Kun+Nous Design Associates L.L.P” :
Mr. Kariim.Parmar , the designated grievance officer under Information Technology Act, 2000
Business / Assets Sale or Transfers
is clear and easily accessible and provide statements of Kotlie policies and practices with respective to the Information;
provides for the various types of personal or sensitive personal data of information to be collected;
provides for the purposes of collection and usage of the Information;
provides for disclosure of Information; and
CANCELLATIONS AND REFUNDS
We Do not Offer Refunds we suggest to contact customer care before proceeding with payments we only exchange designs
Additional non-returnable items:
- Gift cards
- Downloadable software products
- Some health and personal care items
Refunds (if applicable)
Once your request for return is received and inspected, we will send you an email to notify you that can we return item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com
and send your item to A/32 KURIL BHUVAN, MEHER COTTAGE, S.V.ROAD,
AMBAWADI, DAHISAR (E), MUMBAI-400068,
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
To return your product, you should mail your product to:
A/32 KURIL BHUVAN, MEHER COTTAGE, S.V.ROAD,
AMBAWADI, DAHISAR (E), MUMBAI-400068,
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over INR 1000, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
STANDARD TERMS OF SALE
THESE STANDARD TERMS OF SALE ("TERMS OF SALE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLER'S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE PRODUCT ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.
In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the website located at the URL www.Kotlie.com and mobile application under the name and style "Kotlie" (the Website) is referred to as "Buyer" and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as "Seller"). These Terms of Sale describe, inter alia, the terms of the offer for sale/sale, acceptance of offer for sale by Buyer, and the purchase of goods and services ("Products") through the Website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by “Kun+Nous Design Associates L.L.P” Private Limited (" “Kun+Nous Design Associates L.L.P” ") which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as "You" with its grammatical variations and cognate expressions.
These Terms of Sale are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Terms of Sale from time to time before listing any Product or before making any purchase of the Products. The revised Terms of Sale shall be made available on the Website. If such a facility is provided, You may determine when these Terms of Sale were last modified by referring to the "Last Updated" legend provided above.
You are requested to regularly visit the Website to view the most current Terms of Sale. It shall be Your responsibility to check these Terms of Sale periodically for changes and Buyer should also check Additional Terms of
Sale of the Seller on the Product listing. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications to the Website or these Terms of Sale will constitute Your acceptance of such changes or modifications.
1. Offer and Acceptance of the Product
Kotlie also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, please fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") provided in the annexure below. Please send the duly filed out IP Infringement Notice via email to grievanceofficer@Kotlie.com. Any incomplete or improperly filled out document may not be considered.
The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel or instruct “Kun+Nous Design Associates L.L.P” to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to “Kun+Nous Design Associates L.L.P”. If Buyer's order is so canceled, after the payment has been processed, the said amount will be reversed/remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. “Kun+Nous Design Associates L.L.P” shall have the sole discretion to determine the mode of reversal from the above options.
With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
- The seller has the right to sell the Products to the Buyer on or through the Website;
- Buyer shall have and enjoy quiet possession of the Products;
- Products shall be free from any charge or encumbrance in favor of the third party;
- Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
- The product shall meet the description and specifications as provided on the Website.
3. Pricing Information
The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. Due to technical reasons, there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of the offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to the discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
All prices are exclusive of G.S.T unless stated otherwise.
4. Delivery of the Product
There are various delivery models for delivery of the purchased Products to the Buyer, as decided by the Seller. The risk of any damage, loss, or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represents and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
Buyer's shipping address, pin code will be verified with the database of the Website before a Buyer proceeds to pay for the Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
The buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to “Kun+Nous Design Associates L.L.P” for any loss of any fee or charges that “Kun+Nous Design Associates L.L.P” and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to “Kun+Nous Design Associates L.L.P” and its third parties are not consequential or indirect.
The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of the price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
5. Return Policy for Products
The buyer's Product related complainant for refund or replacement will the processed in accordance with the RazorPay Policy available at http://www.Kotlie.com/info/RazorPay. Both Buyer and Seller agree to this RazorPay Policy. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.
Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. “Kun+Nous Design Associates L.L.P” shall have the sole discretion to determine the mode of reversal from the above options.
Buyer agrees that if the returned Product is not accepted by the Seller then “Kun+Nous Design Associates L.L.P” shall have the right liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.
6. Cancellation of transaction / orders
Cancellation by Seller: There may be certain orders such as Drawings and Designs that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct “Kun+Nous Design Associates L.L.P” to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to “Kun+Nous Design Associates L.L.P” . If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. “Kun+Nous Design Associates L.L.P” shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by “Kun+Nous Design Associates L.L.P” is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of “Kun+Nous Design Associates L.L.P” for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by “Kun+Nous Design Associates L.L.P” in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes “Kun+Nous Design Associates L.L.P” to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
7. Governing Law
These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.
8. Disclaimer by “Kun+Nous Design Associates L.L.P”
“Kun+Nous Design Associates L.L.P” ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL “Kun+Nous Design Associates L.L.P” HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL “Kun+Nous Design Associates L.L.P” HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND “Kun+Nous Design Associates L.L.P” ON THE OTHER HAND.
“Kun+Nous Design Associates L.L.P” DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. “Kun+Nous Design Associates L.L.P” MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILIGY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER'S OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND “Kun+Nous Design Associates L.L.P” DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. “Kun+Nous Design Associates L.L.P” ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
“Kun+Nous Design Associates L.L.P” SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND “Kun+Nous Design Associates L.L.P” SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
“Kun+Nous Design Associates L.L.P” is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
“Kun+Nous Design Associates L.L.P” does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to “Kun+Nous Design Associates L.L.P” . Prices, Product description and availability of the Product are Seller's responsibility.
Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and “Kun+Nous Design Associates L.L.P” shall not in any manner be held liable for the same.
“Kun+Nous Design Associates L.L.P” shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.