Terms and Conditions
- SCOPE OF LAW
- ELECTRONIC COMMUNICATION
- REGISTRATION OBLIGATIONS
- USER ACCOUNTS
- INTELLECTUAL PROPERTY
- OBLIGATION TOWARDS CONTENT
- PRODUCT DESCRIPTION/PRICING/PROMOTION
- THIRD PARTY AND AFFILIATE WEBSITES
- MODE OF PAYMENT
- WEBSITE AVAILABILITY
- SERVICE AVAILABILITY
- LIMITATION OF LIABILITY
- ONLINE PURCHASES
- INTERNATIONAL SHIPPING
- USER CONDUCTS AND RULES
- ENTIRE AGREEMENT
- COMMENTS OR QUESTIONS
- GRIEVANCE OFFICER
Kankatala.com is an online ecommerce store owned and promoted by Kankatala Textiles Private Limited, a company registered under the laws of India. This Website is being offered to you on the condition that you accept and agree to the Terms mentioned herewith without any reservation. We reserve the right to accept or reject a User from registering on the Website without assigning any reason thereof.
SCOPE OF LAW
"Agreement" means the Terms contained herein and includes references to this agreement as and when amended, notated, supplemented, varied or replaced.
"Affiliate" being a corporate entity, means any entity, which controls, is controlled by, or is under the common control of the Company and being an individual, means any entity, which is controlled by the Company.
"User/You/Your" means and includes any customer or buyer (including a person or any legal entity; which terms shall mean and include any person or entity you claim to represent, associate with or employed by) who accept the offer for sale by placing its order on the Website.
"Products" are the goods, services promoted / displayed on the Website and offered for sale.
"Visitor" shall mean those Users who simply browses the Website, or otherwise uses the Website without being registered with the Website.
Any communication generated through the Website or through email or any other electronic medium will be referred to as Electronic Communication. All communication from the Company to the Users shall be through emails or through notices placed on the Website and other relevant channels. When sending or receiving any such communication through all relevant channels whether email or social, you agree that all agreements, notices, disclosures and other communications are satisfying all legal requirement pertaining to such exchange.
You agree to provide accurate, complete and up-to-date information while registering at the Website. Any incorrect information provided during the registration process will lead to suspension of the account, and may lead to further action under the Applicable Law. We will not share any User’s personally identifiable information with its Affiliates, partners or third parties without the User’s express permission.
We have the right to terminate the membership of Users and restrict access to the Website to Users, who are found to be incapable of forming legally binding contract under the Applicable Law. Users below 18 years of age should seek to act through their parents or guardians, while registering at the Website and for understanding the Terms and other policies listed on the Website. User’s profile may be deleted and membership may be terminated without warning, if we believes that User is under 18 years of age and falsely represents himself/herself as 18 years of age or older.
We reserve the right to terminate User’s account or otherwise deny the User access to the Website at its sole discretion, without notice and liability. If User provides any information to us solely for using the Website in a fraudulent way, we, in our sole discretion, have the right to suspend or terminate User’s exercise of any services offered on the Website or refusal of all current or future access to the Website or terminate any portion thereof. Further, User agrees that we will not be liable to him/her or any third party if we suspend or terminate his/her access to the services offered on the Website for any reason.
In case, Product specific terms and conditions are provided, these terms and conditions shall be applicable and shall prevail over all the general Terms.
On completion of registration with the Website, you will receive your account details on your registered email ID. You are solely responsible for maintaining the confidentiality of this account and every detail thereof. You shall be responsible for all activities that occur under your accounts and with your account details. In case of misuse of the account, you agree to:
1.) Immediately notify us of any breach of security or unauthorized use of the password; and
2.) Ensure that you duly sign out from your account at the end of each session.
We cannot and shall not be held liable for any loss or damage arising out of failure to comply with the rules mentioned in points (1) or (2).
User agrees that he/she will not sell, transfer or assign his/her account or any account rights. Users are responsible for restricting access to their computers, mobile devices, or other Internet access devices so that others may not access the password-protected portion of the Website using User’s name and password.
The trademarks, names, logos, designs and service marks displayed on the Website, whether denoted as such or not, are registered and unregistered property of Kankatala and any and all rights attached thereto are owned by and vested with Kankatala (collectively the “Intellectual Property”). Nothing contained on the Website should be construed as granting any license or right to use any Intellectual Property without the prior express written consent of Kankatala.
Kankatala reserves exclusive rights to the information, software and any application available on their website. Under no circumstance shall the User reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. However, Users are permitted to use and reproduce limited content provided Kankatala and the Website is cited as the source, and prior written permission from the company is sought. Kankatala clarifies that unlimited and/or wholesale reproduction of content for commercial or non-commercial purposes and unwarranted modification of data and information and/or content from the Website is prohibited.
OBLIGATION TOWARDS CONTENT
All content seen on the Website other than the User-generated content is a copyright of Kankatala. User shall be solely responsible and liable for the content, including but not limited to any notes, images, emails or any other content whether visual or written, posted on the Website by the User. Such information is considered non-proprietary and non-confidential. User gives up any ownership claim, including proprietary and moral rights, on such a content or material. This information may be adapted, used, copied, broadcasted, disclosed, transmitted, performed, published, sold, or used in any medium as desired by us on a royalty free basis. However, this is not applicable to personal information submitted to the Website by the User.
We reserve the right to decide what is posted on the website and moderate the content being posted in public forums of the Website. We may edit, restrict comments, and refuse the right to post any content, which we feel violates the terms and conditions. We refuse to accept the responsibility or liability for any content posted or for any losses or damages due to use or appearance of such contents on the Website. The User shall be ultimately responsible and liable for each and all content, visual or textual, posted by them on to the Website.
However, the User is prohibited to post content which falls under the following categories:-
1.) Offensive content promoting the use of illegal activities or physical harm;
2.) Content which is obscene or abusive;
3.) Encouraging or promoting a criminal offence, civil liability or breach of relevant laws;
4.) Containing misleading information or computer viruses or other harmful devices;
5.) Spamming, sending chain mails or junk mails and any other such unsolicited communication;
6.) Violation of third party's rights including intellectual property rights and rights of privacy;
7.) Trying to get unauthorized access to the site, blogs, or others’ personal identifying information; and
8.) Promoting contests, advertising, and sale of items without our prior written and specific consent from us.
We shall endeavor to provide the most up-to-date information. However, in case the Product offered is not as described in the Website, the final decision shall lie with us in case of any dispute. We have the right to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. We shall cancel the order and inform you of the cancellation, or contact you for instruction. Also, it should be noted that promotions cannot be combined with any other discount. One offer will be valid on one Product unless stated otherwise.
THIRD PARTY AND AFFILIATE WEBSITES
MODE OF PAYMENT
We only accept Indian Rupees, US Dollars, Singapore Dollars, Euros and UAE Dirhams for all payment options on the Website. You agree and accept to provide accurate and correct information while making a purchase. You shall be the lawful owner of the credit or debit card used for purchase. In the event, we discover that the credit or debit card used to purchase Products from our Website has been fraudulently used or acquired, you shall be liable for all damages incurred and for the punishment, if any, awarded by the appropriate court of law. We reserve the right to collect the cost of Products, lawyer’s fees and any other charges incurred, in case your transaction or instruments used to achieve the transaction are found to be fraudulent in nature.
We shall not be held liable if the transaction is declined due to lack of sufficient funds, exceeding your daily limit, unauthorized transaction or any other problems during transaction.
We will endeavor to keep the Website operational at all times except for interruption due to maintenance and for introducing new features. Under certain circumstances, the Website may be down and/or may be prevented from running at optimum performance due to a scenario beyond our control. Such a measure shall account for a Force Majeure (hereinafter defined) event and we shall be excused from any and all obligations relating to the functioning of the Website till the time the Force Majeure (hereinafter defined) event persists.
For the purpose of this Agreement, the term ‘Force Majeure’ shall be deemed to include any act, cause or situation affecting the performance of the Website. In such a case, the Website and the Company shall be excused from performing its obligations.
Situation or scenario warranting ‘Force Majeure’ include but are not limited to strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil disorder, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
We provide a wide range of internet based services through the Website. These services enable Users to purchase original Products from the Website. Upon placing an order, we shall ship the ordered Product on receipt of the payment.
These Terms shall remain in full force and effect unless and until User’s account is terminated as provided herein. User may terminate his/her account as per the instructions provided in the Website and end their use of the Website at any time.
Kankatala reserves the right to restrict or terminate your access to the website, if we believe that you have breached any of the Terms.
You shall indemnify and hold harmless the Company and any of its affiliates, their directors, employee, information providers, officers and partners (collectively called “Indemnified Parties) from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including attorney’s fees, arising from or relating to your use of the services provided on the Website, or any act, error, or omission by you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; or violation of any Applicable Law.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS PARTNERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. USER SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH THE USER. FURTHER, THE COMPANY WILL IN NO CASE WHATSOEVER BE LIABLE TO PAY ANY DAMAGES, LOSSES OR CLAIMS (CONTRACTUAL AND OTHERWISE) THAT EXCEED THE AMOUNT PAID BY YOU ON THE WEBSITE.
The Website serves as a platform for the Users to purchase the Products. User by registering at the Website is entering into a contractual agreement with Kankatala, and agrees to abide by the terms and conditions mentioned within the said contract. The contractual terms and conditions include but are not limited to, price, shipping charges, mode of delivery, warranties related to Products and services, after sales services, etc., which are under Kankatala purview and may be subject to change at our discretion. The Agreement between You and Kankatala is subject to following conditions:
1.) User’s use of the Website as permitted is solely for his/her personal use;
2.) User certifies that he/she is aged 18 years and above, or has obtained the consent of his or her legal guardian before making the purchase;
3.) All prices are in Indian Rupees unless indicated otherwise;
4.) User is obligated to complete a transaction, once he or she has indicated the intention to purchase by initiating the transaction on our Website;
5.) In case the price of the Product ordered is wrongly mentioned, in error, the order shall be cancelled regardless of whether the order has been confirmed or not. In event the payment has been processed, the same shall be credited back to your account, and the User shall be notified through email;
6.) User shall ultimately responsible for the credit card transactions, in case of a fraudulent use of a credit card, the User shall have to bear the liability, or prove his or her innocence. Kankatala shall have no role whatsoever, in such cases. Ultimately responsibility for use or misuse of the credit card rests with the User;
7.) In case of missed or wrong delivery due to a mistake in address or wrong name provided, the re-delivery charges shall be applicable, and same shall be claimed from the User;
8.) Delivery time of the order starts after the payment gateway confirms the payment. This also includes checking for fraudulent transactions.
9.) Kankatala ships all orders within 7 working days of receipt of payment. However, this may vary from product to product and depends on nature of the product;
10.) Kankatala shall not be liable for any delay/non-delivery of purchased goods in the event of any Force Majeure event;
11.) Kankatala is not responsible for any damage arising out of usage of Product by the User;
12.) User agrees to use the services provided by Kankatala, its Affiliates, consultants and contracted companies, for lawful purposes only. Kankatala may assign any or all of its rights under these terms to its Affiliates without prior information or consent of the User;
13.) In case of an attempt by the User to damage the Website deliberately, or undermine the legitimate operation of the Website, Kankatala shall seek damages from the User under appropriate criminal and civil Laws and to the fullest extent permitted by the Applicable Law;
14.) User certifies that all information provided by them on the Website shall be true and accurate. Kankatala reserves the right to confirm and validate the information fed by the user on Kankatala system at any time. Kankatala reserves the right to reject the registration and debar the User from using the services of the Website, if any information is discovered to be wrong; and
15.) Product listing on the Website is subject to availability. If certain Products are not available on the Website, Kankatala is under no obligation to inform the User of the same.
Validity of credit note for products on website is 30 days. IE code for delivery of products abroad is 2606001630. Our international delivery partners are Aramex international and DHL international couriers. The transit insurance is bared by intermediate aggregation platform Shiprocket and our international delivery partners as per their terms.
USER CONDUCTS AND RULES
Use of the Website and registration on the Website is not permitted where law prohibits it. By using the services offered by the Website, User represents and warrants the following:
1.) User has the right, authority, and capacity to enter into these Terms;
2.) User has submitted truthful and accurate registration information;
3.) User is neither a competitor of Kankatala nor is using the Website for reasons that are in competition with Kankatala;
4.) User will be utilizing the Website under parental guidance if he/she is under 18 years of age;
5.) User will not copy or distribute any part of the Website in any medium;
6.) User will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose;
7.) User will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any content or enforce limitations on use of the Website therein, or interfere with any activity being conducted on the Website;
8.) User will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
9.) User will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
10.) User will not upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
11.) User will not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
12.) User will not conduct or forward surveys, contests, pyramid schemes or chain letters;
13.) User will not download any file posted by another user of the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
14.) User will not harvest or otherwise collect information about other Users, including email addresses, without their consent;
15.) User will not 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;
16.) User will not violate any code of conduct or other guidelines, which may be applicable for or to any particular Product or service offered on the Website;
17.) User will not violate any third party rights;
18.) User will not violate any applicable laws or regulations for the time being in force in or outside India;
19.) User will not violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein; and
20.) User will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with his/her activity on the Website;
Kankatala makes no warranties, representations, and statements or guarantees (whether express, implied in law or residual) regarding the Website, the content of the Website, your (if applicable) personal information or material and information transmitted over our system.
The headings and subheadings herein are included for convenience and identification only. These headings and subheadings are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
If any provision of the Terms are determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
No indulgence or extension of time which Kankatala Textiles Pvt. Ltd. may grant to you will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
COMMENTS OR QUESTIONS
Kankatala Textiles Private Limited, V square, Dwarakanagar, Visakhapatnam, Andhra Pradesh – 530016
Phone: +91 7993456666
In accordance with the Information Technology Act, 2000 and the rules made there under, the name and contact details of the Grievance Officer are provided below:
Address: Kankatala, V Square, Dwarakanagar, Visakhapatnam - 530016
Phone: +91 7993456666
Email: [email protected]
Time: Monday to Saturday 10AM to 7PM