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:
- 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.
- 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.
- 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)”).
- 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
- 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.
- 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,
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Personal Information
- Your submission of personal information through the Website is governed by our Privacy Policy,
which is available at _________________.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.