General
KiranSales.com is an Internet based portal owned and operated by Kiran Sales Corporation., a company incorporated under the laws of India, with its registered office at Grant Road, Mumbai, Maharashtra, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms & Conditions, along with any amendments made by KiranSales.com at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service. KiranSales.com shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms & Conditions. The revised Terms & Conditions shall be made available on the Website. Your use of the website and services is subjected to the most current version of the Terms & Conditions made available on the Website at the time of such use. You are requested to regularly visit the home page www.KiranSales.com to view the most current Terms & Conditions. It shall be your responsibility to check it periodically for changes. KiranSales.com may require you to provide your consent to the updated Terms & Conditions in a specified manner before prior to any further use of the website and the services is provided on the website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms & Conditions will constitute your acceptance of those changes. KiranSales agrees to deliver the merchandise ordered by you only at the locations given as per the Order Confirmation Form.
Eligibility for use
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the KiranSales system by KiranSales.com for any reason whatsoever. If you confirm to the above qualification, you shall not be permitted to avail of the Services or use the Website. You must represent that you are of a legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, i.e. You are below the age of eighteen (18) years, you may avail the Services provided by KiranSales through your legal guardian in accordance with the applicable laws. You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party. KiranSales.com 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 for doing so.
User Account, Password, and Security:
KiranSales makes the Services available to you through the Website only if you have provided KiranSales.com certain required User information and created an account through KiranSales ID and password or other log-in ID and password (Account Information), which can include a facebook, gmail, yahoo ID or any other valid email ID. The Website requires you to 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 of the Account Information, and are fully responsible for all activities that occur under your Account. You agree to: (a) immediately notify KiranSales 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. KiranSales.com 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 KiranSales.com 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. The Website also allows restricted access to the Services for unregistered Users. 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 strictly prohibited. If you provide any information that is or becomes untrue, inaccurate, not current or incomplete, or if KiranSales.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then KiranSales.com has the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).
Pricing Information
KiranSales strives to provide you with the best prices possible on products and services you buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale. You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. 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. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. KiranSales expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card. KiranSales 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 you/cardholder having exceeded the preset limit mutually agreed by KiranSales with our acquiring bank from time to time.
Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by KiranSales and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the Website are the property of KiranSales or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of KiranSales, the vendor or the third party that may own the Marks.
Indemnification of Limitation of Liability
You agree to indemnify and defend KiranSales’s damages and losses including legal fees and disbursements in connection therewith and interest chargeable thereon but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including asserted against or incurred by KiranSales) 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 You pursuant to these Terms of Use. Further, You agree to hold KiranSales harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
Violation of the Terms of use
You agree that KiranSales may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if KiranSales determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to KiranSales, for which monetary damages would be inadequate, and Your consent to KiranSales obtaining any injunctive or equitable relief that KiranSales deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies KiranSales may have at law or in equity. You agree that KiranSales may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to):
– Requests by law enforcement or other government agencies;
– A request by You (self-initiated account deletions)
– Discontinuance or material modification of the Website or any service offered on or through the Website
– Unexpected technical issues or problems.
If KiranSales does take any legal action against You as a result of Your violation of these Terms of Use, KiranSales will be entitled to recover from You, and You agree to pay, all reasonable lawyers’ fees and costs of such action, in addition to any other relief granted to KiranSales.
Termination
“The Terms of Use will continue to apply until terminated by either You or KiranSales as set forth below. If You want to terminate Your agreement withKiranSales, You may do so by
(i) not accessing the Website; or
(ii) closing Your accounts for all of the Services that You use, where KiranSales has made this option available to You. KiranSales may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
KiranSales is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
The provision of the Services to You by KiranSales is, in KiranSales’s opinion, no longer commercially viable;
KiranSales has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or KiranSales may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.”.
Governing Law
These Terms of Use and all transactions entered into on or through the Website and the relationship between You and KiranSales shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and KiranSales shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts..
Report Abuse
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. KiranSales.com does not review the contents in any way before they appear on the Website. KiranSales.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to info@KiranSales.com.
Communications
You hereby agree to receive communications by way of SMS, e-mails from KiranSales relating to Services provided through the Website.
A User can unsubscribe/ opt-out from receiving communications from KiranSales through SMS and e-mail anytime by sending email to info@KiranSales.com with “unsubscribe” subject line. Newsletters sent periodically at the registered email address.—by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.
Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. KiranSales shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that.
– Your feedback does not contain confidential or proprietary information of You or of third parties
– KiranSales is not under any obligation of confidentiality, express or implied, with respect to the feedback
– KiranSales may have something similar to the feedback already under consideration or in development
– You are not entitled to any compensation or reimbursement of any kind from KiranSales for the feedback under any circumstances.