Terms & Conditions
TERMS AND CONDITIONS
Please read the following terms and conditions carefully, as your use of our services is subject to your acceptance of and compliance with the following terms and conditions also referred to as “Terms".
1. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time.
2. KUMARICHIPS, at its sole discretion reserves the right not to accept any User from registering on the Website without assigning any reason thereof.
3. By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not wish to be bound by the Terms, do not subscribe to or use our services.
4. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
5. In these Terms, references to "you", “your”, “their”, "User", “Users”, “he/she”, “him/her”, “his/her”, shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean KUMARICHIPS.
USER ACCOUNT REGISTRATION AND SECURITY
Shopper(s) will be provided with a shopping account and a password, upon completing the Website's registration process.
1. Users are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under their password or account.
2. You agree to:
a. Immediately notify firstname.lastname@example.org in writing, of any unauthorized use of your password or account or any other breach of security, and
b. Ensure that you exit from your account at the end of each session.
The Website cannot and will not be held responsible for any loss or damage arising from your failure to comply with the above Terms.
Through the Website, KUMARICHIPS, provides a number of Internet-based services, and all such services, are henceforth collectively referred to as, the "Service". One such service enables users to purchase merchandise such as Food and snacks, henceforth collectively referred to as "Products". The Products can be purchased through the Website through the various methods of payments offered. The sale/purchase of Products shall be additionally regulated by specific policies of sale, such as cancellation policy, return policy, etc., which can be found at www.Kumarichips.com/index.php/returns, and all of which are incorporated here by reference. In addition, these terms and policies may be further accompanied by Product specific conditions, which may be presented on the webpage of that Product.
The User agrees and undertakes not to reverse engineer, modify, reproduce, copy, license, distribute, transmit, display, publish, perform, create plagiaristic works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that prior written permission is obtained from the Company, and the name, 'KUMARICHIPS', is specified as the original source. It is further clarified, that unlimited or wholesale reproduction, replication of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
RULES OF CONDUCT FOR USER
The User agrees and accepts to use the Website and its Service only to post and upload messages and material that are proper. The User also agrees to follow the rules of conduct, listed here as an example, and not limited to, and consents that when using a Service, to adhere to the following:
a. The User shall not harass, defame, abuse, threaten, stalk, or otherwise violate the legal rights of others.
b. The User shall not post, upload, publish, distribute or circulate any indecent, inappropriate, defamatory, disrespectful, infringing, obscene, or unlawful material, information, topic, or name.
c. The User shall not upload any files that contain software or other material, protected by the intellectual property laws, unless he/she owns or controls the rights thereto or have received all necessary consents from the respective authorized person(s) and/or organization(s).
d. The User shall not upload or distribute any files that contain viruses, corrupted files, or any other similar software or programs that may cause damage to the operation of the Website or to another's computer.
e. The User shall not conduct or forward surveys, contests, pyramid schemes or chain letters through the Website.
f. The User shall not download any file posted by another User of a Service that he/she knows, or reasonably should know, cannot be legally distributed in any manner.
g. The User shall not falsify or delete any author attributions, legal or otherwise, 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.
h. The User shall not violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
i. The User shall not violate any applicable laws or regulations for the time, being in force in or outside India.
j. The User shall not violate, abuse, exploit, or dishonorably manipulate any of the Terms of this Agreement or any other Terms for the use of the Website contained elsewhere.
USER WARRANTY AND REPRESENTATION
The User certifies, warrants, and guarantees that he/she is the owner of the content which he/she submits or is otherwise authorized to use the content, and that the content does not infringe upon the property rights, intellectual property rights or other rights, of another. The User further warrants that to his/her knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by him/her in connection with the Services rendered by KUMARICHIPS.
EXACTNESS NOT GUARANTEED
The Website hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any Product, Service, information, or other material purchased or obtained by the User through the Website may not meet his/her expectations. Alterations to certain aspects of the User’s order such as the size, color etc., may be required due to limitations caused by availability of the product. In such circumstances, the User agrees that the Company will send an approval request via the email address, submitted by the User, at the time of placing his/her order. If the User disagrees with the requested change he/she maintains the right to reject the requested product change, by replying to the email within 10 days of it being sent. The Company may request the User a second time, to accept a production alteration one additional time if an alternative approach to send his/her merchandise is available. If the User rejects the second request also, his/her order will be cancelled and the User will be fully refunded via his/her initial method of payment.
The Website www.Kumarichips.com provides product descriptions that are as accurate as possible. However, the Website does not warrant that product description or other content of this site is 100% accurate, complete, or error-free. The product image is only a representation of the product being purchased and the final product may differ slightly from that shown in the image.
INTELLECTUAL PROPERTY RIGHTS
a) Unless otherwise indicated or contained to the contrary, or any proprietary material owned by a third party and so expressly mentioned, KUMARICHIPS, owns all Intellectual Property Rights including but not limited to, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The User appreciates and agrees that he/she shall not use, reproduce or distribute any content from the Website without obtaining prior permissions.
b) Notwithstanding the former, it is expressly clarified that the User will retain ownership and shall be solely responsible for any content that he/she provides or uploads when using any Service, including text, information, data, images, photographs, sound, music, video or any other material which he/she may upload, transmit or store when making use of the Website’s various Services. However, with regard to other Services like blogs and forums the User expressly agrees that by uploading and posting content on to the Website for public viewing and reproduction/use of his/her content by third party users, he/she accepts the User whereby he/she grants a non-exclusive license for the use of the same.
LINKS TO THIRD PARTY SITES
The Website may include links to other websites hereafter referred to as, "Linked Sites". The Linked Sites are not under the control of the Company, and is not responsible for the contents of any Linked Site, including but not limited to, any link contained in a Linked Site, or any changes or updates to a Linked Site. The Website is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The Website provides these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company, or the Website of the Linked Sites, or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance of such information.
LIMITATION OF LIABILITY/ DISCLAIMER OF WARRANTIES
The Company, has endeavored to ensure that all the information furnished on the Website is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. The Company or the Website, shall not be liable in any event for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, but not limited to, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall the Company, be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Furthermore, the Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned interruption of access to the website that may occur due to technical reasons or for any reason beyond the Company’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computers and/ or other electronic information systems, or loss of data that results from the download of such material and/or data.
The User agrees to indemnify, defend and hold harmless the Company, from and against any and all liabilities, losses, damages, claims, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Terms.
ORDERS, PROHIBITION ON RESELLING AND PRICE
The information specified on the Website does not establish a binding offer to sell products portrayed on the site or to make such products available in your area. The Company reserves the right at any time, after receiving the User’s order, to accept or decline his/her order, or any portion thereof, at our sole discretion, even after his/her receipt of an order confirmation or after his/her credit card has been charged. The User may not purchase any item from this site for resale by him/her or any other person, and the User may not resell any item purchased from this site. The prices for products are described on the Website and are incorporated into these Terms by reference. All prices displayed on the website are in Indian rupees. Prices, products and Services may change at any time, at the sole discretion of the Company. In the event a product is listed at an incorrect price, the Company holds the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the User’s credit card charged. If the User’s credit card has already been charged for the purchase and his/her order is canceled for any reason, the Company will reimburse the charged amount to his/her credit card account.
The title and risk of loss for all products ordered by the User shall pass on to him/her upon the dispatch of the shipment from the Company to the shipping carrier.
The delivery of products will be within 7 working days from the time of placing the order. For additional details, please refer our Shipping and Delivery Policy.
Products can be returned within 7 working days upon delivery. For further details, please read our Cancellation and Return Policy.
a. Kumarichips may suspend or terminate the User’s account registered on the Website or any Service if it believes, in its sole and absolute discretion that the User has breached, violated, abused, or dishonorably manipulated, or exploited any term of these Terms or in anyway otherwise behaved unethically.
b. Notwithstanding the point “a.” mentioned above, these Terms will continue indefinitely until and unless KUMARICHIPS chooses to terminate them.
c. If the use of the Website or any of its Services is terminated by either the User or by KUMARICHIPS, the Company may delete any and all content or other materials relating to the User’s use of the Service and the Company will have no liability to the User or any third party for the same.
d. The User shall be liable to pay for any Service or product that he/she has already ordered till the time of Termination by either party whatsoever.
These terms are constructed in accordance with, and shall be governed by the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chennai, India.
If any condition of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such condition or part of such condition and the remaining part of such condition and all other conditions of these Terms shall continue to be in full force and effect.
As per these Terms, Users are solely accountable for every material or content uploaded on to the Website. Users will be held legally liable for their contents and may be held legally accountable if their contents or material include, for example but not limited to, defamatory comments or material protected by copyright, trademark, etc. If any User comes across any abuse or violation of these Terms, he/she is requested to report it immediately in writing to, email@example.com.