With Effect from November 2020
Welcome to www.kendalwood.in (the “Website”). This Website is owned and operated by Kendallwood, a company registered and established in India and with its registered office in RIICO, Near Jasnath Temple, Sardarshahar, Rajasthan – 331022, INDIA. (“Company” or “Us” or “We” or “Our”, which expression would mean and include Kendalwood and its executives, officials, successors, and authorized envoys). The website is an online platform for buying and selling home, office and garden furniture and other related products. (“Products”).
1. APPLICABILITY AND MODIFICATION OF THE TERMS
1.2 Accessing or use of the website or services will signify acceptance of the Agreement and acceptance of being legally bound by it. If you do not agree or do not wish to be bound by the terms of the Agreement, you may not access or use the website or the Services.
1.4 Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
2. REGISTRATION AND ACCESS
2.1 If you want to use the Products and Services, you must register on the Site and become a registered user. By registering on the website, you agree to designate the Company to provide the Services to you under the terms of the Agreement [and under such mutually agreed-upon terms]. To register on the website, you will need to provide certain information such as name, age, gender, telephone number, address and other contact details, company profile, and requirements in relation to products and services. After that, a unique username and password will be created for you.
2.2 Registration is a one-time process and if you previously registered on the website, you can log into your account with the same credentials that you provided during the registration process.
2.3 By using the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device or other similar devices to prevent unauthorized access to your account. We ask that you protect your password and account and ensure that others do not have access to them. It is your responsibility to keep your account information current and accurate. You agree to
(a) Ensure that you log out of your account at the end of each session and
(b) Immediately notify the Company of any unauthorized use of your account information or any other breach of security. The Company cannot and will not be liable for any loss or damage resulting from the breach of these conditions. You may be liable for losses suffered by the Company or any other user or visitor to the website due to authorized or unauthorized use of your account as a result of your inability to keep your account information secure and confidential.
2.4 We reserve the right to refuse access to the website, close accounts, delete or edit content at our discretion.
2.5 We will try to make the website error free. Access to the website may be suspended or restricted from time to time to allow repairs, maintenance or the introduction of new facilities or services. However, we are not responsible for any internet related problems on your part.
3. WEBSITE CONTENT
3.1 We grant you a limited license to access and make personal use of this website. However, all information, content and material on the website are and remain the intellectual property of the Company. In addition, all trademarks, service marks, trade names and trade secrets are the property of the Company. No information, content or material on the website may be copied, reproduced, republished, uploaded, published, transmitted or distributed in any way without our express written consent. Any unauthorized use terminates the authorization or license granted by us under the terms of the agreement.
3.2 You expressly understand and agree that:
(a) The information, content and material on the website and / or the service are provided “as is” and “as available”. The Company and all of its subsidiaries, affiliates, officers, employees, agents, and partners, if any, disclaim all warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchant fitness and fitness for a particular purpose and without infringement;
(b) The Company does not guarantee that
(i) the functions contained in any content, information and material on the website, including but not limited to third party sites or services linked to the website and / or that the service will be uninterrupted, timely or error free,
(ii) Defects will be corrected or the website or servers that make such content, information and materials available are free of viruses or other harmful components;
(c) Access to any material downloaded or obtained through the website is at your own risk and you will be solely responsible for any damage or loss of data resulting from such download on your computer; and
4. REPRESENTATIONS AND WARRANTIES OF THE USERS
4.1 By using the website, you represent and warrant that:
(a) You are at least 18 years of age and that your use of the website will not violate any applicable law or regulation; and
(b) All information provided on the website is true, factual and accurate and you agree to maintain the accuracy of such information.
5. CONDITIONS OF USE
5.1 You will only use this website for lawful and reasonable purposes and you will not engage in any unforeseen activity through the website.
5.2 You agree not to:
(a) Modify any content on the website;
(b) Decompile, reverse engineer or disassemble the content;
(c) Use the Service in any way that is illegal or detrimental to the Company or any other person or entity, as determined in its sole discretion;
(d) Make false or harmful statements against the Products and Services or the Website or the Company;
(e) Publish, copy, send, upload, distribute or transmit or make available any software or other computer files that contain a virus or other harmful components, or compromise or damage the website and / or services or any other connected network, or interfere with the use or enjoyment of the website and / or services by any person or entity
(f) Take any form of antisocial, destructive or destructive action, including “flaming”, “spamming”, “flooding”, “trolling” and “afflicted”, as these terms are commonly understood and used on the Internet;
(g) Post or upload any content that is libelous, defamatory, offensive, threatening, harassing, hateful, and offensive or that violates any laws or rights of third parties;
(h) Remove or modify any content on the website and / or services, including but not limited to legal notices, disclaimers or proprietary notices, such as copyright or trademark symbols, logos, that are not your own. Owned or expressly permitted to modify; and
(i) Host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and over which the user has no rights;
- Is extremely harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophile, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, derogatory, related to or encouraging money laundering or gambling, or otherwise illegal in anyway;
- Harm minors in any way;
- Infringes on any patent, trademark, copyright or other proprietary right;
- Violates any law currently in force;
- Deceive or mislead the recipient as to the origin of such messages or communicate any information of a seriously offensive or threatening nature;
- Impersonates someone else;
- Threatens the unity, integrity, security or sovereignty of India, defence, friendly relations with foreign states or public order or incites the commission of any crime knowingly or prevents the investigation of any crime or insults any other nation.
6. LINKS TO THIRD PARTY WEBSITES
You hereby agree to indemnify, defend and hold the Company, agents, affiliates, representatives, authorized users, employees and agents of the Company harmless from and against any loss, damage, liability and cost arising from the use of the Website or Services and / or breach of the Agreement by you.
8. LIMITATION OF LIABILITY
8.1 You acknowledge and agree to access the Services through the website, to transact at your own risk, and to use your best and prudent judgment before conducting any transaction through the website.
8.2 To the fullest extent permitted by law, in no event will the Company be liable to you or any other person or entity for direct, indirect, incidental, special, remote, or consequential damages, including, but not limited to, loss of earnings damages. , loss of money, goodwill, data or other intangible losses, arising from any circumstance, including:
(a) The use or inability to use the Products and Services; or
(b) Unauthorized access or alteration of transmissions or user data; or
(c) unauthorized access to your payment information, such as credit / debit card details, electronic banking information, bank account information; or
(c) Any other matter related to the website and / or the services.
Whether or not they are foreseeable and whether or not the Company has been informed of the possibility of such damages.
8.3 We will not be liable for any action or inaction by other users of the website or for any violation of any condition, representation or warranty on their part. We do not assume any obligation to mediate or resolve disputes or disagreements between you and other users of the website.
8.4 Furthermore, none of the directors, officers or employees of the Company shall be personally liable for any action related to the website or the services.
9. COPYRIGHT AND DATABASES
9.1 All content included and mentioned in the website, such as photographs, images, text, graphics, videos, logos, button icons, photos and software, is the exclusive property of the Company, its affiliates or its content providers.
9.2 The compilation of all the media and contents of the Site is the exclusive property of the Company.
9.3 All software and code used on this website is the property of the Company or its software providers. It is not allowed to systematically extract and / or reuse parts of the content or data of the website without the express written consent of the Company. In particular, you will not use data mining, robots or similar tools to collect and extract data to extract (one or more times) to reuse substantial parts of this website, without the express prior written consent of the Company.
9.4 You are not permitted to create and / or publish your own database containing substantial parts of this website [(e.g. prices and product lists)] without the express written consent of the Company. You also agree that you will not access or use this website in any way that may be detrimental to the operation of this website or its content.
10. REGISTERED TRADEMARKS
Kendalwood and other marks indicated on the website and products are trademarks or registered trademarks of the Company in the jurisdiction of India. All other trademarks which are not owned by the Company that appear on any part of this website are the property of their respective owners, who may or may not be affiliated with, linked to, or sponsored by the Company.
(a) Suspend or cancel your access to the website with or without prior notice; and
(b) Remove such non-compliant information from the website; and
(c) Exercise any other remedy provided by law.
Any suspicion of illegal, fraudulent or abusive activity will be a reason to cancel your access to the website. In the event of suspension or termination, the user’s right to use the Services and access the website will cease immediately and the Company reserves the right to delete or delete available information, including, but not limited to, access, information from account and information published by the user.
12. ACCESS OUTSIDE OF [REPUBLIC OF INDIA]
13. APPLICABLE LAW AND JURISDICTION
The Agreement and all transactions entered into and the relationship between you and the Company will be governed in accordance with the laws of India without reference to any conflict of laws principles. You agree that [subject to paragraph 14 below] the courts of Ratangarh, India, will have exclusive jurisdiction over any dispute arising out of or in connection with your use of the website or the services.
Any dispute, claim or dispute arising out of or relating to the Agreement or its breach, termination, application, interpretation or validity thereof, including determining the scope or applicability of the Arbitration Agreement, or your use of the website or the Services by you or the information to which you give access, will be determined by arbitration in India, before a single arbitrator. The arbitration will be conducted in accordance with the Arbitration and Conciliation Act of 1996. The company will decide the place of such arbitration. All such arbitration proceedings, including but not limited to awards, will be conducted in English. The award will be final and binding on the parties.
If a court of competent jurisdiction or an arbitral tribunal determines that any provision of the Agreement is unenforceable under applicable law, that provision will be excluded from the Agreement and the remainder of the Agreement will be construed as if that provision were excluded and will be enforceable in accordance with its terms; provided however that, in such event, the Agreement is interpreted in such a way that it gives effect, to the maximum extent permitted by applicable law, the meaning and intent of the excluded provision as determined by said court of jurisdiction or competent court or arbitration tribunal.
16. REPORT ABUSE
18. NEWSLETTER AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from the Company via SMS and email. You can unsubscribe / opt out of receiving communications and newsletters from the Company at any time by following the procedure indicated on the website.
19. RESPONSIBLE FOR THE CLAIM
If you have any complaints about the website or the services, including discrepancies and complaints regarding the processing of your information, you can contact our complaint manager at care [at] kendalwood.in
No term of the Agreement shall be deemed waived and no justified breach, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company, or waiver of a breach, express or implied, will not constitute waiver, consent, or apology for any different or subsequent breach.
21. FORCE MAJEURE
We will not be liable for any delay or failure to perform our obligations under the Agreement if the delay or failure is due to any cause beyond our reasonable control.
22. ELECTRONIC REGISTER
23. COMPLETE UNDERSTANDING
The Agreement states and contains the entire understanding of the parties and there are no other written or oral understandings or promises between the parties regarding the subject matter of the Agreement other than those contained or mentioned in the Agreement.