Terms and Conditions - kamiyab.in

PREAMBLE

Currently Exchange/Returns And Cancellations Unavailable On Product(Booked Products).

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 kamiyab.in (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 kamiyab.in 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.kamiyab.in and style "kamiyab.in" (the Logo) is between kamiyab. (hereinafter referred to as "kamiyab.in" 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 kamiyab.in 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 available at https://www.kamiyab.in/terms, available 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.

General

1.1

kamiyab.in is a company incorporated under the laws of India, with its registered office at , Bhubaneswar , India and having CIN kamiyab.in is an intermediary in the form of an online marketplace and is limited to managing the Website to enable customer/user to make available to purchase the products.

1.2

These Terms of Use are subject to revision by kamiyab.in 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 kamiyab.in 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. kamiyab.in 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;
(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.

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 make available to see all various Products and purchase so..

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 kamiyab.in system by kamiyab.in 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 kamiyab.in and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.2

kamiyab.in 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.

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: kamiyab.in makes certain sections of the Services available to You through the Website only if You have provided kamiyab.in certain required User information and created an account and a kamiyab.in ID through certain log-in ID and password ("Account").

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 kamiyab.in 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. kamiyab.in 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 kamiyab.in 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 kamiyab.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, kamiyab.in 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).

4.3

Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

Payments related Information

5.1

kamiyab.in does not levy any fee for browsing the Website or buying the Products on the Website. kamiyab.in may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services..

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 or net banking or UPI account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID 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 or net banking account or UPI ID. 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 or net banking details or UPI ID. kamiyab.in 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

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. kamiyab.in expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

5.5

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 kamiyab.in does not control the same and shall be liable for the same.

User Obligations And Role Of kamiyab.in

6.1

Subject to compliance with the Agreement(s), kamiyab.in 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.

6.5

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 noi permitted .

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 kamiyab.in is seller and can 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. kamiyab.in is the seller of the Products.You to buy any Products on the Website kamiyab.in endorses such Products and does not kamiyab.in does not provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of purchase of Products on the Website. Further, kamiyab.in 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, ethnicall 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 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 kamiyab.in 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 kamiyab.in, including any kamiyab.in 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 kamiyab.in 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.

6.11

kamiyab.in does not pre-screen User Content. kamiyab.in has no obligation to monitor any User Content. However, kamiyab.in 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 kamiyab.in determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where kamiyab.in removes any User Content from the Website, kamiyab.in will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute kamiyab.in's position as an intermediary or impose any liability on kamiyab.in 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.

16.5

Principal to Principal Relationship: You and kamiyab.in are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and kamiyab.in. As an abundant caution, it is clarified that kamiyab.in 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 kamiyab.in have entered this agreement on principal to principal basis.

16.6

Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by kamiyab.in is, or other third parties in 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 kamiyab.in or its third parties performing such services as sub-contractor to kamiyab.in and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then kamiyab.in shall be excused from such performance to the extent of and during the period of such Force Majeure Event. kamiyab.in shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

16.7

Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of kamiyab.in for the purpose of this Agreement shall be Ms. Kamini Kanchana Sahoo with email address: contact@kamiyab.in. kamiyab.in may change the aforesaid details from time to time under intimation to You.

17.

Feedback and Information

17.1

Any feedback You provide to this Website shall be deemed to be non-confidential. kamiyab.in shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) kamiyab.in is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) kamiyab.in may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from kamiyab.in for the feedback under any circumstances.

17.2

To clarify, kamiyab.in may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however kamiyab.in shall not be obliged to do so. Further, in the event that kamiyab.in makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to kamiyab.in, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.