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Our Policies
Our Business Policies & Terms of Use
Cookie Statement
Last Updated: Jan 02nd, 2020
Kotlie uses cookies to enhance performance and improve your user experience, to provide certain user functionality, as well as to distinguish you from other users when you use our website and other products and services.
What is a cookie?
A cookie is a small file that is stored locally within the web browser or file system on your computer or mobile device. Cookies are used by all websites and have several different functions. We use the following types of cookies:
Functionality cookies
These are cookies that are required for the operation of our services. They include, for example, cookies that enable you to log into secure areas of our website and access Kotlie information.
Analytics Cookies
These cookies are important for our website to get statistics, estimate audience size, gain insight into the use of our website, and help improve the services we provide to our users. You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
Third Parties Cookies
Third Parties We also work with third parties that provide services we use for promoting and maintaining our services. Some of these allow us to test and ensure that our services are performing well. Others measure the impact and performance of our advertising or allow us to track referrals from our affiliates. Please read our partner's privacy policies (linked below) to ensure that you're comfortable with how they use cookies. We have also provided links to opt-out of their services if you like and wherever applicable on about the individual cookies we use and the purposes for which we use them in the table below:
Double Click
Overflow uses Google DoubleClick to measure the effectiveness of its online marketing campaigns.
How Google uses cookies in advertising
Opt-out of Double-click cookies
Facebook provides certain site functionality, help us to place advertising on Facebook, and help us to track the performance of advertisements that we place on Facebook.
How Google uses cookies in advertising
Opt-out of Double-click cookies
Google Privacy Policy
How to Opt-out
Google Analytics
From time to time Kotlie services, including mobile apps, use Google Analytics. This is a web analytics service provided by Google, Inc. Google Analytics sets a cookie in order to evaluate the use of those services and compile a report for us.
Google Privacy Policy
How to Opt-out
PRIVACY POLICY
THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND KOTLIE (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE I ACCEPT TAB OR BY USE OF THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND KOTLIE FOR YOUR USE OF THE WEBSITE (DEFINED BELOW).
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE, AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO KOTLIE AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.
By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing, and transfer of any or all of Your Personal Information and Non-Personal Information by Kotlie as specified under this Privacy Policy. You further agree that such collection, use, storage, and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.
“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 terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of Kotlie and the terms "You" /"Your" / "Yourself" refer to the users. This Privacy Policy is a contract between You and the respective Kotlie entity whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms Of Use or other terms and condition of the respective Kotlie entity and its respective Website or nature of business of the Website.
Kotlie has provided this Privacy Policy to familiarise You with:
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
Kotlie's policy on sharing or transferring Your data or information with third parties. This Privacy Policy may be amended/updated from time to time. Upon amending/updating the Privacy Policy, we will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of the Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Privacy Policy.
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".
Personal Information:
Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
Your user name along with Your password,
Your name,
Your address,
Your telephone number,
Your e-mail address or other contact information,
Your date of birth,
Your gender,
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,
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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
otherwise doing business on the Website or otherwise dealing with any Kotlie entity. We may receive Personal Information about you from third parties, such as social media services, commercially available sources, and business partners. If you access a Website through a social media service or connect service on Website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the Website or otherwise deal with any Kotlie entity through social media services or when you connect any Website to social media services, you are authorizing Kotlie to collect, store, and use and retain such information and content in accordance with this Privacy Policy.
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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,
The duration of Your stay on the Website is also stored in the session along with the date and time of Your access, Non-Personal Information is collected through various ways such as the use of cookies. Kotlie may store temporary or permanent ‘cookies' on Your computer. You can erase or choose to block these cookies from Your computer. You can configure Your computer's browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website.
Ads: Kotlie may use third-party service providers to serve ads on Kotlie's behalf across the internet and sometimes on the Website. They may collect Non-Personal Information about Your visits to the Website, and Your interaction with our products and services on the Website. Please do note that Personal Information and Non-Personal Information may be treated differently as per this Privacy Policy.
You hereby represent to Kotlie that:
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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.
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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.
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Kotlie and each of Kotlie entities officers, directors, contractors, or agents shall not be responsible for the authenticity of the Information that You or any other user provide to Kotlie. You shall indemnify and hold harmless Kotlie and each of Kotlie entities officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above.
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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 the 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 a commercially reasonable basis require such third parties to adopt reasonable security standards to safeguard your information/data.
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The 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 fulfill 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 fulfill 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 programs 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 behavior, 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 an 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;
to enable a potential buyer or investor to evaluate the business of Kotlie (as further described in paragraph 8 of the Privacy Policy). [Individually and collectively referred to as ("Purposes")] You hereby agree and acknowledge that the Information so collected is for a lawful purpose connected with a function or activity of each of the Kotlie entities or any person on their respective behalf, and the collection of information is necessary for the Purposes.
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 a 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.
You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Kotlie transfers Your Information to any other entity within or outside Your country of residence, Kotlie will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.
Kotlie may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitates various programs or initiatives launched by Kotlie, its affiliates, agents, third-party service providers, partners, or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than Your Personal Information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer/buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third-party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy. Notwithstanding the above, We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards, etc. to enable You to make payments for buying products or availing services on Kotlie. When You sign up for these services, You may have the ability to save Your card details for future reference and faster future payments. In such a case, We may share Your relevant Personal Information as necessary for the third parties to provide such services, including your name, residence, and email address. The processing of payments or authorization is solely in accordance with these third parties' policies, terms, and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.
Kotlie may also share Personal Information if Kotlie believes 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 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 is operated by third parties and is not controlled by, or affiliated to, or associated with, Kotlie unless expressly specified on the Website.
Kotlie is not responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Kotlie does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Kotlie control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by Kotlie of the third-party websites, the website's provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such third-party websites and it is recommended that You review the privacy policy of such third party websites prior to using such websites.
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 the Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standards for the 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 a 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, unauthorized access to the computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond the 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 a 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 a regular basis. Kindly note that Kotlie would retain Your previous Personal Information in its records.
Grievance Officer
If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure, and transfer of Your Personal Information under this Privacy Policy or any terms of Kotlie's Terms of Use, Term of Sale, and other terms and conditions or policies of any Kotlie entity, please contact the following:
For “Kun+Nous Design Associates L.L.P” :
Mr. Kariim.Parmar, the designated grievance officer under Information Technology Act, 2000
E-mail: [email protected].
The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.
Business / Assets Sale or Transfers
Kotlie may sell, transfer or otherwise share some or all of its assets, including Your Information in connection with a merger, acquisition, reorganization, or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, such Kotlie entity will reasonably ensure that the information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy. Any third party to which any of Kotlie entity transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately prior to such transfer or sale.
Further Acknowledgements
You hereby acknowledge and agree that this Privacy Policy:
is clear and easily accessible and provide statements of Kotlie policies and practices with respect 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
TERMS OF USE
These Website Terms Of Use ("Terms Of Use") 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 Use Does Not Require Any Physical, Electronic, Or Digital Signature.
These Terms Of Use Is A Legally Binding Document Between User And Kotlie (both Terms Defined Below). These Terms of Use Will Be Effective upon Your Acceptance of the same (directly Or Indirectly in Electronic Form or By Means Of an Electronic Record) And Will Govern the Relationship between User and Kotlie for the Use of the Website (defined below).
This Document Is Published And Shall Be Construed In Accordance With The Provisions Of Rule 3 (1) Of The Information Technology (intermediaries Guidelines) Rules, 2011 Under Information Technology Act, 2000 That Require Publishing The Rules And Regulations, Privacy Policy And User Agreement For Access Or Usage Of The Website.
These Terms Of Use Of The Website Located At The Url Www.kotlie.com And Mobile Application Under The Name And Style "kotlie" (the Website) Is Between Kun+nous Design Associates (hereinafter Referred To As "kun+nous Design" Or "kotlie" Or "we" Or "us" Or "our") And The Guest Users Or Registered Users Of The Website (hereinafter Referred To As "you" Or "your" Or "yourself" Or "user") Describe The Terms On Which Kotlie Offers You Access To The Website And Such Other Services As Are Incidental And Ancillary Thereto ("services").
Please Read These Terms Of Use Carefully Before Using Or Registering On The Website Or Accessing Any Material, Information Or Services Through The Website. If You Do Not Agree With These Terms Of Use, Please Do Not Use The Website.
These Terms Of Use Together With The Privacy Policy Available At Http://www.kotlie.com/page/terms, The Terms Of Sale Available At Http://www.kotlie.com/info/termsofsale, The Other Policies Of The Website Available At Www.kotlie.com Under "policy Info" Section Or Elsewhere On The Website, The Seller Agreement Available At Sellers.kotlie.com (applicable If You Are A Seller Of The Products On The Website) And Any Other Terms Which May Apply To Specific Services ("additional Service Terms") Together With All Other Notices, Disclaimers, Guidelines Appearing On The Website From Time To Time (collectively Referred To As "agreement(s)") Constitute The Entire Agreement Upon Which You Are Allowed To Access And Use The Website And Avail The Services.
If You Are Accessing The Kotlie Mobile Application Or Accessing The Services Through The Kotlie Mobile Application, Then While These Terms Of Use Will Apply To Such Use, There May Be Additional Terms (such As The Terms Imposed By Mobile Application Stores Like Apple's Itunes, Android's Play Store, Microsoft's Store From Time To Time) Which Will Govern The Use Of The Mobile Application. These Additional Terms To The Extent Applicable Are Hereby Deemed To Be Incorporated In These Terms Of Use By Way Of Reference.
1.
General
1.1
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,
Maharashtra, India.
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.
1.2
These Terms Of Use Are Subject To Revision By Kun+nous Design Associates At Any Time And Hence The Users Are Requested To Carefully Read These Terms Of Use From Time To Time Before Using The Website. The Revised Terms Of Use Shall Be Made Available On The Website. You Are Requested To Regularly Visit The Website To View The Most Current Terms Of Use. In The Event Such A Facility Is Provided On The Website, You Can Determine When Kotlie Last Modified Any Part Of The Agreement By Referring To The "last Updated" Legend Provided In That Document. It Shall Be Your Responsibility To Check These Terms Of Use Periodically For Changes. Kotlie May Require You To Provide Your Direct Or Indirect Consent To Any Update In A Specified Manner Before Further Use Of The Website And The Services. If No Such Separate Consent Is Sought, Your Continued Use Of The Website And/or Services, Following Such Changes, Will Constitute Your Acceptance Of Those Changes.
1.3
If There Is Any Conflict:
(i) Between The Privacy Policy And Any Other Agreement, The Privacy Policy Shall Take Precedence' But Only To The Extent Of The Conflict;
(ii) Between The Additional Service Terms And Any Other Part Of These Terms Of Use, The Additional Service Terms Shall Take Precedence In Relation To That Service;
(iii) Between The Seller Agreement And Any Other Part Of These Terms Of Use, The Seller Agreement Shall Take Precedence But Only To The Extent Of The Conflict;
(iv) Between These Terms Of Use And Any Other Notices, Disclaimers Or Guidelines Appearing On The Website, These Terms Of Use Shall Take Precedence But Only To The Extent Of The Conflict.
2.
Services
2.1
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.
3.
Eligibility To Use
3.1
The Services Are Not Available To Minors Under The Age Of Eighteen (18) Or To Any Users Suspended Or Removed From The Kotlie System By Kotlie For Any Reason Whatsoever. If You Are Disqualified As Per The Preceding Sentence, You Shall Not Be Permitted To Avail Of The Services Or Use The Website. You Represent That You Are Of Legal Age To Form A Binding Contract And Are Not A Person Barred From Receiving The Services Under The Laws As Applicable In India. Notwithstanding The Foregoing, If You Are Below The Age Of Eighteen (18) Years, Please Read Through These Terms Of Use With Your Parent Or Legal Guardian, And In Such A Case These Terms Of Use Shall Be Deemed To Be A Contract Between Kotlie And Your Legal Guardian Or Parent And To The Extent Permissible Under Applicable Laws, Enforceable Against You.
3.2
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.
3.3
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.
4.
User Account, Password, And Security
4.1
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.
4.2
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).
4.4
Depending Upon Whether You Are A Seller Or A Buyer Or Another User Who Otherwise Wish To Use The Website, And The Nature Of Services You Wish To Avail From The Website, You May Be Required To Provide Certain Personal Information And Kotlie May Collect Certain Personal Information. Your Provision Of, And Kotlie's Collection, Storage, Use, Disclosure And Otherwise Dealing Of Such Personal Information Shall Be Governed By Kotlie's Privacy Policy, Which Is Available At Http://www.kotlie.com
5.
Payments Related Information
5.1
Presently, Kotlie Does Not Levy Any Fee For Browsing The Website Or Buying The Products On The Website. Kotlie May Charge Users Certain Fees For The Use Of The Website And Services As A Whole, Or Certain Features Of The Website / Services. You Agree To Pay Any Such Fees, As of May Be Applicable To The Services That You Use. Kotlie Will Try To Ensure That You Are Made Aware Of The Applicability Of Any Fees For A Particular Use Of The Website / Services, As Well As The Number Of Fees Payable By You For Any Such Use Of The Website / Service. You Agree That Kotlie May, At Any Time, Charge, Modify, Or Waive Fees Required To Use The Website. Your Continued Use Of The Website / Services After Such Change In The Fees Will Be Considered To Be Your Acceptance Of Such Changes, And The Applicability Of These Terms Of Use To Such Changes.
5.2
You Agree To Provide Correct And Accurate Financial Information, Such As Credit/debit Card Details To The Approved Payment Gateway Or Pre-paid Payment Instrument Account Details For Availing Services On The Website. You Shall Not Use The Credit/debit Card Or Pre-paid Payment Instrument Which Is Not Lawfully Owned By You, I.e. In Any Transaction, You Must Use Your Own Credit/debit Card Or Pre-paid Instrument Account. The Information Provided By You Will Not Be Utilized Or Shared With Any Third Party Unless Required In Relation To Fraud Verifications Or By-Law, Regulation Or Court Order Or In Accordance With The Terms Of The Privacy Policy. You, Will, Be Solely Responsible For The Security And Confidentiality Of Your Credit/debit Card Details Or Pre-paid Instrument Account. Kotlie Expressly Disclaims All Liabilities That May Arise As A Consequence Of Any Unauthorized Use Of Your Credit/ Debit Card Or Pre-paid Instrument Account.
5.3
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.
5.4
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.
5.5
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.
6.
User Obligations And Role Of Kotlie
6.1
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.
6.2
You Agree To Use The Services, Website And The Content (as Defined Herein) Provided Therein Only For Purposes That Are Permitted By (a) The Agreement(s) (including These Terms Of Use) And (b) Any Applicable Law.
6.3
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.
6.4
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.
6.5
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.
6.6
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.
6.7
You Hereby Grant Kotlie A Perpetual, Non-revocable, Worldwide, Royalty-free And Sub-licensable Right And License To Use, Copy, Distribute, Display, Publish, Transmit, Make Available, Reproduce, Modify, Adapt The User Content And Create Derivate Works Of The User Content. You Represent And Warrant That You Own Or Otherwise Control All Of The Rights To The User Content That You Post Or That You Otherwise Provide On Or Through The Website; And That, As At The Date That The User Content Is Posted Or Submitted On The Website: (i) The User Content Is Accurate; (ii) Use Of The User Content You Supply Does Not Breach These Terms Of Use; And (iii) That Such User Content Is Lawful.
6.8
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.
6.9
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.
6.10
You Agree That You Are Solely Responsible To Kotlie And To Any Third Party For Any Breach Of Your Obligations Under These Terms Of Use Or Other Agreements And For The Consequences (including Any Loss Or Damage Which Kotlie Or Its Affiliates Or Its Vendors May Suffer) For Any Such Breach.
6.11
Kotlie Does Not Pre-screen User Content. Kotlie Has No Obligation To Monitor Any User Content. However, Kotlie At Its Discretion And/or In Accordance With Applicable Law May Monitor Any User Content And May Remove Any User Content From The Website If Kotlie Determines In Its Sole Discretion That Such User Content Is In Violation Of These Terms Of Use Or Any Applicable Law. Where Kotlie Removes Any User Content From The Website, Kotlie Will Make Reasonable Efforts To Inform The User Who Had Posted Such User Content. Such Actions Do Not In Manner Negate Or Dilute Kotlie's Position As An Intermediary Or Impose Any Liability On Kotlie With Respect To User Content.
6.12
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.
6.13
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.
6.14
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.
6.15
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 Orders' 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.
6.16
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.
6.17
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.
6.18
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, the 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.
6.19
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.
7.
Use Of Content
7.1
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 Access And Use The Product Catalogues Solely For Personal, Informational, And Internal Purposes, In Accordance With These Terms Of Use;
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.
7.2
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.
7.3
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.
8.
Intellectual Property Rights
8.1
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.
8.2
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.
8.3
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.
8.4
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.
9.
Third-Party Content
9.1
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
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"),
then please notify the Kotlie Grievance Officer at the email id provided in Kotlie Privacy Policy ("Objectionable Content Notice").
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 [email protected]. Any incomplete or improperly filled out document may not be considered.
When You send us an Objectionable Content Notice or an 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 with 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:
Name ___________________________________________________________
Title & Company ________________________________________________________
Address _________________________________________________________
Email (correspondence) ___________________________________________________
Telephone/Fax _____________________________________________________________
Date _________________________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Truthfully,
Signature
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-infringement
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
Copyright-item infringement
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: _____________________________________________________________
Work(s)
infringed: _________________________________________________________
Item Number(s): ___________________________________________________________
Note:
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 protected]; or [email protected].
Report Abuse And Take Down Policy
In the event, You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website,
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 the "Policy Info" section.
Communications
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,
General Provisions
Notice: All notices with respect to these Terms of Use from Kotlie will be served to You by email or by general notification on the Website.
Any notice provided to Kotlie pursuant to these Terms of Use should be sent to Grievance Officer at [email protected].
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
The agreement is 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
it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
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
the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity.
Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Principal to Principal Relationship: You and Kotlie are independent contractors, and nothing in these Terms of Use will be construed to create a partnership,
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 a principal to principal basis.
Force Majeure: If the performance of any service or obligation under these Terms of Use or other Agreement by Kotlie is, or other third parties in the fulfillment of any purchase or sale transaction
(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 protected]
Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Kotlie a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Kotlie to locate the material on the Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Kotlie a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://copyright.gov.in/Default.aspx for details Notices and counter-notices with respect to the Service should be sent to A/32 Meher Cottage Kuril Bhuvan Ambawadi Dahisar East S.V.Road Mumbai 400068 (Kotlie Consult your legal advisor and see copyright rules https://copyright.gov.in/Copyright_Rules_2013/index.html before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Dispute Resolution.
The EULA and the relationship between you and Kotlie will be governed by the laws of India without regard to its conflict of law provisions You and Kotlie agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the Indian Penal Court in Any such arbitration, to the extent necessary, shall be conducted in Mumbai in the State of Maharashtra You covenant not to sue Kotlie in any other forum.
You also acknowledge and understand that with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or the EULA:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE;
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Miscellaneous.
Assignment You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of Kotlie. Kotlie may assign the EULA, including all its rights hereunder, without restriction.
Survival The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Sections 2 (General), 5 (Content You Submit; License Grants from You), 11 (Your Use of the Service and Service Content), 12 (Third Party Software), 13 (Consent to Use of Data), 14 (Ownership), 15 (Feedback), 17 (Kotlie's Liability), 18 (Termination), 19 (Disclaimer), 20 (Limitation of Liability), 21 (Indemnity), 21 (Third Party Disputes), 23 (Copyright Policy), 24 (Dispute Resolution), and 25 (Miscellaneous).
Consent to Electronic Communications By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Kotlie regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to the EULA The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of the EULA or any provision of the EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself Use of section headers in the EULA is for convenience only and will not have any impact on the interpretation of particular provisions In the event that any part of the EULA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kotlie as a result of the EULA or use of the Service.
Contacting Kotlie. You can contact Kun+Nous Design Associates LLP by e-mail at [email protected]
Termination of your Kotlie account
You have the right to terminate your Kotlie account at any time by contacting us at [email protected]. Upon termination of your account, your user profile will be removed from Kotlie and your user content may be removed from the site, and your user content will not be available to you. However, you understand that NDL Labs is not required to remove your user content, and removed content may persist in backup copies for a reasonable period of time. NDL Labs has no obligation to maintain or provide user content of a Kotlie registrant after account termination and may delete all content provided unless legally prohibited from doing so. NDL Labs may terminate your Kotlie account with immediate effect for any violation whatsoever of these Terms.
KOTLIE REFUND POLICY
LAST UPDATED: JUL 01ST, 2020
HI THERE!
KOTLIE IS A SMALL BUT DEDICATED TEAM OF INTERIOR DESIGNERS, 3D ARTISTS, DEVELOPERS, AND OTHER SUPERSTARS WHO HANDLE SEVERAL MISCELLANEOUS TASKS. OUR TEAM IS PASSIONATE ABOUT ALL THINGS DESIGN, AND WE AIM TO OFFER THE BEST EXPERIENCE TO YOU THROUGH OUR INTERIOR DESIGNS AND PRODUCTS. THAT SAID, IF YOU’RE HERE READING OUR REFUND POLICY, IT MEANS THERE’S A GLITCH. WE THINK EVERYTHING CAN BE RESOLVED WITH AN OPEN AND HONEST CONVERSATION. PLEASE WRITE TO US AT [email protected], AND YOUR DESIGN ASSISTANTS WILL MAKE EVERY EFFORT TO TURN THINGS AROUND. OUR AIM IS TO MAKE SURE YOUR EXPERIENCE WITH US IS AS AMAZING AS POSSIBLE. HOWEVER, IF YOU THINK THERE IS NOTHING WE CAN DO TO FIX THE SITUATION, READ ON TO SEE HOW OUR REFUND POLICY WORKS.
DIDN'T INTEND TO PLACE AN ORDER?
IF YOU PLACED AN ORDER FOR A DESIGN PACKAGE ON KOTLIE BY MISTAKE AND ARE NOT READY TO GET STARTED ON YOUR DESIGN YET, YOU'RE ENTITLED TO A FULL REFUND. PROVIDED YOU REQUEST A REFUND WITHIN 48 HOURS OF PLACING THE ORDER. WHY? A DESIGNER IS ASSIGNED TO YOUR PROJECT AS SOON AS YOU PLACE THE ORDER. WITHIN THE FIRST 48 HOURS, YOUR DESIGNER DOES A LOT OF GROUNDWORK TO PREPARE YOUR DESIGN. IF YOU CANCEL THE ORDER WITHIN THE FIRST 48 HOURS, WE CAN NOTIFY YOUR DESIGNER, SO THEY DO NOT CONTINUE TO DO ANY EXTRA WORK. (AREN'T WE ALL BUMMED WHEN THAT HAPPENS?).
NOT HAPPY WITH YOUR DESIGN CONCEPTS OR PRODUCTS RECEIVED?
KOTLIE'S TEAM OF ONLINE INTERIOR DESIGNERS ARE EXPERTS AND ABSOLUTE PROFESSIONALS, AND LIKE THAT, WE TAKE A LOT OF PRIDE IN OUR DESIGN TEAM. HOWEVER, SOMETIMES, WE ALL HAVE OFF DAYS (WHICH HAPPENS TO THE BEST OF US). IF YOU FEEL THE FINAL DESIGNS YOUR DESIGNER DELIVERED LACKS THE VISION YOU HAVE FOR YOUR SPACE, WE CAN OFFER YOU A FULL REFUND ON YOUR DESIGN FEE. HOWEVER BEFORE WE REFUND, OUR CLAIMS TEAM WILL GET IN TOUCH WITH YOU TO UNDERSTAND WHAT WENT WRONG AND WILL HAVE THE FINAL AUTHORITY ON APPROVING THE CLAIM. IF YOUR DESIGN IS IN THE RE-DESIGN PHASE AND YOU THINK THERE IS A MISMATCH BETWEEN YOU AND YOUR DESIGNER, WE’LL TRY AND MATCH YOU WITH A NEW DESIGNER TO CORRECT THE COURSE. IF YOU DON’T WANT TO GO DOWN THAT ROUTE AND SIMPLY WANT A REFUND, THEN OUR CLAIMS TEAM WILL VERIFY AND DECIDE A FAIR PERCENTAGE OF YOUR DESIGN FEE THAT CAN BE REFUNDED. PLEASE NOTE THAT THE 100% MONEY-BACK GUARANTEE REIMBURSEMENT WILL ONLY APPLY TO YOUR KOTLIE DESIGN PACKAGE WITHIN THE FIRST THIRTY DAYS OF PURCHASE.
INACTIVITY TERMS
IN THE SCENARIO WHERE YOU PAID FOR A DESIGN PACKAGE ON KOTLIE AND COMPLETELY LOST TRACK OF IT BECAUSE THERE WERE OTHER PRESSING MATTERS TO TEND TO, DON’T WORRY, YOUR DESIGN CREDIT IS SAFE WITH US. YOU CAN CHOOSE TO COME BACK AND KICKSTART YOUR PROJECT WHEN YOU HAVE THE TIME AT HAND, WITHIN A YEAR. WE’LL ALSO KNOCK AT YOUR DOOR A MONTH BEFORE YOUR ORDER EXPIRES ON KOTLIE TO CHECK IF YOU’RE READY TO DESIGN WITH US. IF YOU’RE STILL NOT AVAILABLE, WE’LL STORE IT AS STORE CREDITS FOR YOU TO REDEEM IT ON KOTLIE LATER.
IN THE SCENARIO WHERE YOU STARTED A PROJECT AND FORGOT ALL ABOUT IT BEFORE WE WERE TO DELIVER THE FINAL DESIGN CONCEPTS, WE WILL MAKE SEVERAL ATTEMPTS TO CATCH YOUR ATTENTION AND NUDGE YOU BACK TO YOUR PROJECT ( WE UNDERSTAND SHINY OBJECT SYNDROME). HOWEVER, IF WE DON’T HEAR BACK FROM YOU, THEN IN 30 DAYS, YOUR PROJECT WILL BE TAGGED INACTIVE. YOUR ORDER REMAINS WITH US. YOU CAN COME BACK AT A LATER DATE AND PICK UP WHERE YOU LEFT OFF. YOUR DESIGNER, HOWEVER, WILL MOVE ON TO A DIFFERENT PROJECT BECAUSE- DUTY BECKONS. WHEN YOU DECIDE TO RESTART, WRITE TO US AT [email protected] AND WE WILL RE-ASSIGN YOUR PROJECT TO AN EXPERT DESIGNER.
REDESIGN, TERMS
WE OFFER LIMITED REDESIGNS TO MAKE SURE YOU FALL IN LOVE WITH YOUR NEW SPACE. THAT SAID, IF WE DON'T HEAR FROM YOU WITHIN 30 DAYS FROM WHEN YOU RECEIVED THE REDESIGNED CONCEPT, WE'LL CONSIDER IT DONE AND MOVE ON TO HELPING OTHERS JUST LIKE YOU! IF YOU DO COME BACK AFTER 30 DAYS AND NEED TO WORK ON YOUR DESIGN AGAIN, YOUR REDESIGN REQUEST WILL UNDERGO A REVIEW BEFORE WE CAN COMMIT. WHY? MANY THINGS MIGHT HAVE CHANGED IN THIS PERIOD. IF THE CHANGES ARE MINOR, WE’D BE HAPPY TO ACCOMMODATE. HOWEVER, IF IT INVOLVES SIGNIFICANT REWORK, THEN WE DON'T THINK IT'S FAIR ON YOUR DESIGNER. DON'T YOU THINK? WE'RE REASONABLE, LOVE TO FIND SOLUTIONS, AND ARE ALWAYS GLAD TO MEET YOU HALFWAY.
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 the 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 “Kotlie.com” Private Limited (" “Kotlie.com” ") 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.
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE LISTING ANY PRODUCT OR BEFORE PURCHASING ANY PRODUCTS. THESE TERMS OF SALE ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, TERMS OF USE, AND ALL OTHER POLICIES OF THE WEBSITE. SELLER MAY INCLUDE ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS OF SALE IN THE PRODUCT LISTING OR PRODUCT DESCRIPTION AS MADE AVAILABLE ON THE WEBSITE ('ADDITIONAL TERMS OF SALE'). IF THERE IS ANY CONFLICT BETWEEN THESE TERMS OF SALE AND THE ADDITIONAL TERMS OF SALE, THE ADDITIONAL TERMS OF SALE SHALL TAKE PRECEDENCE TO THE EXTENT OF SUCH CONFLICT AND IN RELATION TO THAT SALE. IF A SELLER DOES NOT AGREE WITH THESE TERMS OF SALE, PLEASE DO NOT LIST OF MAKE ANY OFFER FOR SALE OF ANY PRODUCTS ON THE WEBSITE AND IF A BUYER DOES NOT AGREE TO THESE TERMS OF SALE AND ADDITIONAL TERMS OF SALE, PLEASE DO NOT BUY OR ATTEMPT TO BUY ANY PRODUCT LISTED ON THE WEBSITE.
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 the 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
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1.1
The Seller hereby makes an offer to sell the Products listed by Seller on the Website and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for the sale of the Product is a bipartite contract between the Buyer and the Seller. “Kotlie.com” is not a third-party beneficiary under such a bipartite contract. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an unconditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Seller and Buyer understand and agree that “Kotlie.com” has the right to cancel any sale transaction, listing, or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms of Sale, Website Terms of Use, Privacy Policy, or under any contract or policy between “Kotlie.com” on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.
2. Product(s)
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2.1
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 [email protected]. Any incomplete or improperly filled out document may not be considered.
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2.2.
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, the Seller may cancel or instruct “Kotlie.com” to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to “Kotlie.com”. 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. “Kotlie.com” shall have the sole discretion to determine the mode of reversal from the above options.
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2.3.
With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
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The seller has the right to sell the Products to the Buyer on or through the Website;
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Buyer shall have and enjoy quiet possession of the Products;
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Products shall be free from any charge or encumbrance in favor of the third party;
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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;
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The product shall meet the description and specifications as provided on the Website.
3. Pricing Information
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3.1
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.
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3.2
All prices are exclusive of G.S.T unless stated otherwise.
4. Delivery of the Product
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4.1
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 warrants 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.
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4.2
The 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.
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4.3
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 the Product.
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4.4.
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 “Kotlie.com” for any loss of any fee or charges that “Kotlie.com” 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 “Kotlie.com” and its third parties are not consequential or indirect.
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4.5.
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 the Product.
5. Return Policy for Products
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5.1
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 a refund or replacement.
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5.2
Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered with.
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5.3
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.
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5.4
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. “Kotlie.com” shall have the sole discretion to determine the mode of reversal from the above options.
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5.5
Buyer agrees that if the returned Product is not accepted by the Seller then “Kotlie.com” shall have the right to 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
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6.1
Cancellation by Seller: There may be certain orders such as Drawings and Designs that the Seller is unable to accept and has the right to cancel either by the Seller directly or the Seller can instruct “Kotlie.com” 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 the Buyer's order being canceled include, without limitation, non-availability of the Product or quantities ordered by the 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 “Kotlie.com”. 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. “Kotlie.com” shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by “Kotlie.com” is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of the order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of “Kotlie.com” for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
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6.2
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 the Seller receives a cancellation notice and the order has not been processed, the Seller may cancel the order and refund the entire amount to the 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.
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6.3
Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by “Kotlie.com” in relation to the Product for which the order has been canceled by the Buyer or by the Seller, Buyer agrees and authorizes “Kotlie.com” 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 “Kotlie.com”
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8.1
“Kotlie.com” 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 “Kotlie.com” HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL “Kotlie.com” 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.
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8.2
THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS, OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND “Kotlie.com” ON THE OTHER HAND.
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8.3
“Kotlie.com” 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. “Kotlie.com” 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 MERCHANTABILITY, 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 “Kotlie.com” DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. “Kotlie.com” ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
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8.4
“Kotlie.com” 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 “Kotlie.com” 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.
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8.5.
“Kotlie.com” 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 the purchase of any Products.
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8.6.
“Kotlie.com” 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 “Kotlie.com”. Prices, Product description, and availability of the Product are Seller's responsibility.
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8.7.
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 “Kotlie.com” shall not in any manner be held liable for the same.
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8.8.
“Kotlie.com” 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.
- We ship in business days. Monday - Friday, excluding national holidays.
- Shipping starts from the date you received the “Your Order Has Shipped!” email.
- The estimate above does not include manufacturing time - we need 1-3 business days to make sure your custom order is everything you hoped it would be.
- Once you’ve clicked through to Secure Checkout, you can enter your delivery address and choose a shipping method. Shipping costs are then calculated and tacked on to your subtotal at the bottom of the page.
- We rely on a global network of shipping partners (Delhivery, FedEx, Bluedart) Once an order is Confirmed and Shipped you will receive trackable service, these details will be included on your orders page as well as on the shipping email we send you.
- We rely on a global network of shipping partners (Delhivery, FedEx, Bluedart) If your order is being sent by a trackable service, these details will be included on your orders page as well as on the shipping email we send you.