Terms of Use

 

PLEASE REVIEW THESE TERMS OF USE (hereinafter referred to as the “Agreement”) BEFORE USING THIS WEBSITE (hosted at www., and hereinafter referred to as the “Website”). This is a binding Agreement between the User (hereinafter referred to as “User”, “You/you” “Your”) and the owner and operator of the Website, Kafpobsm.com (hereinafter referred to as the “Service provider”), or by terms such as “Us”, “We”) regarding the use of Service Provider’s Website and related Services.

 

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY GOVERN YOUR USE OF THE WEBSITE AND SERVICES.

 

WHEREAS:

 

1. By using the Website, You represent and warrant that You have read and understood, the following terms of service, conditions, policies, etc. (hereinafter referred to as the “Terms & Conditions”) including those available by hyperlink, regarding the Website, which may be updated by Us from time to time. Please check this page regularly to take notice of any changes We may have made to this Agreement.

 

2. We reserve the right to review and withdraw or amend the Services without notice. If, You do not agree with its terms, cease any and all access of this Website immediately.

 

3. Service Provider provides a range of services including, but not limited to, Design services such as graphics, animations, UI/UX, and other related services (“Service(s)”).

4. The Website is a site operated by com, which is a platform to provide related Services, in accordance with the laws of India with its office at

 

1. Definitions

In these Terms of Use, except where the context otherwise requires, (i) capitalized terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following words and expressions used in this Agreement shall have the following meanings, respectively: 

 

• “Affiliate” with respect to: a corporation, partnership, association, trust, individual or any other entity (in each case, a “Person”), means any Person who, Controls, is Controlled by or is under common Control with such Person, including, without limitation any general partner, officer or director of such Person and any venture capital fund now or hereafter existing which is Controlled by or under common Control with one or more general partners or shares the same management company with such Person. It shall also include any Person engaged by the Service Provider for the purpose of making the Services available through the Website.

 

• “Agreement” shall mean this Agreement entered into by and between the Service Provider and You.

 

• “Business Days” shall mean any day(s) other than a Saturday, Sunday or a day on which the banks are authorized to remain closed and if a holiday in the jurisdiction of delivery address.

 

• “Content” means any Content in any form published on the Website by us or any third party with our consent which includes but is not limited to any or all text, images, graphics, video, audio, graphics, and other data, products, materials, Services, pointers, technology, code, language, functions, and software, etc.

 

• “Service provider” shall have the meaning as set out in Preamble of this Agreement.

 

• “Intellectual Property Rights” shall refer to all brands, copyrights (including rights in computer Software), database rights, user-interface designs, any other design rights, domain names, getup, images, internet domain names, logos, logotypes, marketing concepts, manufacturing, moral right, patents, photographs, product designs, product names, service marks, trademarks, trade names, trade secrets, other knowhow, and study/course materials, books and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world.

 

• “Person” shall have the meaning as set out in Clause 1.1 of this Agreement.

 

• “Service(s)” shall have the meaning ascribed to it in the Recitals to this Agreement.

 

• “Terms & Conditions” shall have the meaning as set out in Recitals to this Agreement.

 

• “USD” any reference to “USD” or “$” will refer exclusively to United States Dollar, the lawful currency of the United States of America.

 

• “Website” shall have the meaning ascribed to it in the Recital of this Agreement and includes mobile services as stipulated in Clause 10 of this Agreement.

 

• “You/Your” shall refer to anyone who uses or accesses the Website or any Service provided by the Service Provider.

 

 

2. Terms & Conditions Applicable to You

 

• The use of the Website is subject to the following Terms & Conditions:

 

• Any person who access and/or uses the Website in any manner, shall be subject to these Terms & Conditions and be bound by the policies formulated by the Service Provider.
• The Content of the pages of the Website is for Your general information and use only, and not as a means to induce You into purchasing from the Service Provider. Any purchase made by You, whether on the Website or otherwise, is entirely of Your own volition and without any inducement from the Service Provider or the Website.
• Using the Services or accessing the Website constitutes Your consent to this Agreement and Terms & Conditions. By using the Website, You signify Your acceptance of this Agreement and the Terms & Conditions and agree to be legally bound by them. If at any time, You do not agree or wish to be bound by this Agreement and these Terms & Conditions, You may not access or use the Website. This Agreement and these Terms & Conditions supersede all previous terms communicated to You by the Service Provider, for the use of the Website and all rights and liabilities of the Service Provider with respect to any Services to be provided will be limited to the scope of this Agreement and Terms & Conditions. The Service Provider may update/modify/amend this Agreement and Terms & Conditions (including any portion of it) at any time, with or without advance notice.
• Neither the Service Provider, nor its Affiliates, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your access of, use of, or reliance on any of the Content is entirely at Your own risk, for which the Service Provider shall not be held liable. It shall be Your own responsibility to ensure that any products, Services or information available through our Website meet Your specific requirements. The Service Provider shall also not be liable for any injuries, losses, or damages caused by Your access of, use of or reliance on any of the Content.
• The Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, Content, appearance and graphics. Reproduction of any of this material is prohibited other than in accordance with the copyright notice, which forms part of this Agreement and Terms & Conditions.
• Unauthorized use of the Content or any of the Service Provider’s or its Affiliates’ products may give rise to a claim for damages and/or be a criminal offence – for which You are solely responsible.
• You may not create a link to the Service Provider’s Website from another Website or document without Service Provider’s prior written consent. Any such links must be lawful and must not take advantage of or attempt to damage or damage Service Provider’s reputation. 

 

• By registering, visiting or using the Services, You hereby represent and warrant to the Service Provider that You are of legal age as per the governing law of Your country of residence or above the age of 18 (whichever is higher), and that You have the right, authority and capacity to use the Services, and agree to abide by this Agreement and Terms & Conditions. If a User is below 18 years of age, it is assumed that he/ she is using/ browsing the Website under the supervision of his/ her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to this Agreement and terms of these Terms & Conditions, including terms of purchase of Products, on behalf of the minor User. If this is not the case, You must immediately cease all access and/or use of the Website.

 

• This Agreement and the Terms & Conditions mentioned herein, are governed by the provisions of Indian law.
  • The Service Provider authorizes You to view and access the Content solely for identifying Services and carrying out purchases of Services. The Service Provider, therefore, grants You a limited, revocable permission to access and use the Services. This permission does not include permission for carrying out any commercial use of the Services, any collection and use of Service listings, description, or prices, and, any derivative use of the Website.
  • There may be differences between Services provided on our Website and the actual Services that will be provided to You. Depending upon your individual requirements and circumstances, the nature of the Services have a possibility to vary.
  • You may make purchases on the Website. For the purposes of identifying You, Service Provider may, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. You may also register yourselves on the Website. Registration on the Website is one-time, and You are required to remember Your username and password and keep the same confidential. In the event,
  • You shall assume all risks, liabilities, and consequences if Your account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Services has been made through the Website. It is specifically clarified that payments towards any Services purchased through the Website by unauthorised or illegal use of Your account shall entirely be borne by You. You shall be held liable for any losses caused to the Service Provider due to such illegal access or unauthorized access.
  • The display of Services for purchase on the Website is merely an invitation to offer. An order placed by You for purchase of a Service constitutes an offer. All orders placed by You on the Website are subject to the availability of such Services, the Service Provider’s acceptance of the Your offer and Your continued adherence to this Agreement and the Terms & Conditions. Nothing on our Website is intended to constitute a contractual offer capable of acceptance.
  • You agree to maintain and promptly update all data provided by You and to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current, incomplete, or if the Service Provider has reasonable grounds to suspect that the information provided by You is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, the Service Provider reserves the right to indefinitely suspend, terminate or block Your access to the Website, and refuse to provide You with access to the Website in future. You will fully indemnify the Service Provider for any losses that may occur due to any failure to maintain data as per this Clause 2.3.6. This right is in addition to any other remedies the Service Provider may have at law.
  • You understand that on Your registration as a User or on Your purchase of Services on the Website, You may receive text messages and/or emails from the Service Provider or its Affiliates on Your registered mobile number and/or email address. These messages and/or emails could relate inter alia to Your registration, Service Provider’s acceptance or rejection of Your offer to purchase a Service, payment information, Service dispatch information, information pertaining to other activities You carry out on the Website and information pertaining to the promotions that are undertaken by the Service Provider, its Affiliates or third parties in connection with the Website from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of Your order is not an acceptance from the Service Provider that the Service will be delivered. Service Provider’s acceptance to Your offer to purchase shall occur and conclude only when the Services have been dispatched by the Service Provider and a text message and/or email confirming such dispatch has been sent to You. Service Provider, at all times, reserves the right to limit the Services on offer or remove offerings without notice.
  • Access to and registration on the Website is free of cost. However, although unlikely, the Service Provider may modify the Fee, Payment and promotions policy to include a fee on access and browsing of the Website, or for use of any new service introduced by the Service Provider without serving prior notice on You.
  • The Services included on or otherwise made available to You through the Website are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. The Service Provider does not covenant, represent or warrant that:
• the Services will be made available at all times;
• the Content available on the Website is complete, true, accurate or non-misleading; or,

 

 

3. Pricing & Payment
   • Except where noted otherwise, the price displayed for Services on our Website represents only the direct fees for the Service and does not, unless explicitly stated, reflect any fees, duties, or other expenses which may apply and would be additionally applicable to Your order.
   • After placing the order, You may receive an e-mail confirmation of the placed order shortly after. If no such confirmation e-mail is received by You within 48 hours please contact the Service Provider through e-mail.
   • Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:

 

 

• The prices displayed on this site are quoted in INR, however the currency depicted would change according to the country. Currency rates may fluctuate so the final price will be reflected when the transaction is being processed online by You.
• We 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 the cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.

 

 

 

4. Accounts
   • When You create an account with us, You must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement and the Terms & Conditions, which may result in immediate termination of Your account on our Service.
   • You are solely responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with our Service or a third-party service.
   • You agree not to disclose Your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
   • You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than Your own without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
   • Upon creating an account with the Service Provider, You agree to the following:
     • Make Your contact details available to the Service Provider; You may be contacted by the Service Provider through email, telephone and SMS, if You do not wish to be contacted, You shall communicate the same to the Service Provider
     • Receive promotional mails/special offers from the Service Provider or any of its associate/partner websites. Be contacted by the Service Provider in accordance with the information provided by You.

 

5. Privacy

• In connection with Your use of the Services we may collect, store, use, share, and/or process certain information about You and Your interaction with our Services. For further explanation on how we treat information collected and received from You when You use the Services, please refer to our Privacy Policy.

 

 

6. Third Party Information
   • As You browse through this Website, You may come across other third-party websites that are subject to different terms & conditions. You agree and acknowledge that:
     • When using these other sites, You will be bound by the terms & conditions posted on those websites. Nothing in Your use of such a third-party website or this Agreement and these Terms & Conditions grants You any right, title or interest in or to such third-party information except for the limited right to use the Website as set out in this Agreement and Terms & Conditions.
     • The Service Provider does not have control over third-party websites, each of which may be governed by its own terms of service and privacy policy. Service Provider has not reviewed, and cannot review, third-party websites, and therefore does not warrant or endorse any third-party website or the content appearing thereon. Service Provider does not endorse, recommend or approve of any information, products or services referred to such third-party websites and assumes no responsibility for the Contents of any other Website to which this Website offers links. Service Provider shall not be held liable in any manner for Your usage of any such third-party information.
   • It is up to You to take sufficient precautions to ensure that whatever links You select, whether from the Website, or other Services, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature.

 

 

7. Intellectual Property Rights
   • All the Intellectual Property used on the Website by the Service Provider, including the Content, shall remain the property of the Service Provider, its associates, Affiliates or of any third party hosting and/or owning such intellectual property on the Website. Except as provided in this Agreement and Terms & Conditions, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Service Provider, its associates, Affiliates or any third party hosting and/or owning such material on the Website, as the case may be.
   • If at any time You acquire any right (either accidentally or through any other means) in any of the Service Provider’s Intellectual Property, You expressly agree to assign such rights, registrations, or applications to the Service Provider or to another third party as Service Provider may designate in its sole discretion, along with any and all associated goodwill, without any additional cost or compensation, and to execute any documents necessary to effectuate such transfer.

 

   

8. Limitation of Liability

• IN NO EVENT SHALL THE SERVICE PROVIDER, NOR ITS AGENTS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

9. Personal Information

• Your submission of personal information through the Website is governed by our Privacy Policy, which is available at _________________.

 

10. Severability

• If any provision of this Agreement and Terms & Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of this Agreement and Terms & Conditions shall continue to be in full force and effect.

 

11. Term and Termination
    • The Agreement will remain in full force from your Use of the Website and/or Services.
    • The Service Provider reserves the right to terminate any account in cases:
      • You breach this Agreement, the Terms & Conditions, Service Provider’s Privacy Policy, or any other policies issued by the Service Provider (as promulgated from time to time);
      • Service Provider is unable to verify or authenticate any information provided to Service Provider by You; or
      • Service Provider believes in its sole discretion that Your actions may cause legal liability for You, any other User of the Service Provider or Service Provider’s Website, or for Service Provider or are contrary to the interests of the Service.

 

12. Indemnification
    • You agree to indemnify, defend and hold harmless the Service Provider, its Affiliates, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Website or the Services, violation of this Agreement and Terms & Conditions, unauthorized use of Your account, payment information or credentials or infringement of any intellectual property or other rights of the Service Provider or any third-party. Service Provider will notify You promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, You agree to provide Service Provider with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
    • To the fullest extent permitted by law, in no event shall Service Provider or any of its agents or Content or service providers be liable to You for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the Content, materials and functions related thereto, the Services, provision of information via the Website, lost business, even if the Service Provider has been advised of the possibility of such damages.
    • You shall be liable hereunder for Your own negligence, wilful misconduct or bad faith conduct. You agree to indemnify the Service Provider against any and all liabilities, including costs and counsel fees, for anything done or omitted by You in the execution of this Agreement and Terms & Conditions. 

 

13. Dispute Resolution and Governing Law

• This Agreement and Terms & Conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement and Terms & Conditions shall be governed by and construed in accordance with Indian law and the courts of Gurugram, Haryana shall have exclusive jurisdiction to resolve any disputes between us relating to these this Agreement and Terms & Conditions.

 

14. Waiver

• No provision of this Agreement and Terms & Condition shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Service Provider. Any consent by the Service Provider to, or a waiver by the Service Provider of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach of this Agreement and Terms & Conditions. Service Provider’s failure to act or delay in acting in relation to any failure by You or others to comply with this Agreement and Terms & Conditions does not waive or limit Service Provider’s right to act regarding it at anytime.

 

15. Notice

• All queries, notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:

 

Postal Address: 4 F., 1797, Sector 52, Gurugram, Haryana, 122001

 

 

Please refer to our Privacy Policy available on the Website.