a) This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The domain name www.khayt.in (“Website”), including its online services, provides an E Platform between buyers and vendors, where they can showcase/ list / purchase their activities on the website/application. The Website is owned and operated by Khayt LLP, and having its registered office at 122 RishabhVihar, Karkardooma, New Delhi – 110092, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents,and their successors and assigns.
- The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
- The terms ‘We’, ‘Us’ & ‘Our’ shall mean the “Website”, as the context so requires.
- The terms ‘Party’& ‘Parties’ shall respectively be used to refer to the User and the individually and collectively, as the context so requires.
- “Effective date” means the date of acceptance of this agreement.
- “Agreement” is defined as the agreement between the user and the Khayt governed by the Terms and Conditions of service.
- “Services” means online services provided or performed by the Khayt for the User through its Website.
- “Indemnified Party” means Khayt and its subsidiaries, affiliates, officers, agents, employees, members, representative,and agents.
- “Confidential Information” means information (in any form) which is confidential either to User or to the Khayt and which either User discloses to the Khayt or the Khayt disclose to the User in connection with the Services.
- “Users” or “user” include both the Subscriber/Advertiser(s) and Browser/Visitor(s).
- Service’ or ‘Services’ would mean to include the interactive online information Service offered by the Khayt on the internet through which the user may access information carried by Khayt in the database maintained by it. The terms would include meaning the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to Khayt acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange/facilitator.
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Khayt, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy. If you do not agree with any of these terms and conditions, then you should not access or use the website/app.
h) Khayt reserve the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
- These terms and conditions also apply to all registered Users as well as unregistered Users in respect of all new services or features introduced on the website in future as well.
- The user name and password are either allotted by Khayt or chosen by the Subscriber or agreed upon by the Khayt. It is made abundantly clear that only the Authorized User has the right to access the Services so offered by the Khayt.
- The Khayt reserves its right to withdraw wholly or in part, without assigning any reason, any website services or properties with or without any notice.
2. AIM & OBJECTIVE OF OUR SERVICES
a) The content of the pages of this website/application is for the user’s general information and use only. It is subject to change without notice. Khayt do not provide legal, professional or any other advice and user should always seek independent advice before acting on any information on the website.
b) User’s use of any information or materials on this website/application is entirely at their own risk, for which Khayt shall not be liable. It shall be the user’s own responsibility to ensure that any services or information available through this website/application meet their specific requirements.
c) Khayt take all care in ensuring that all information, provided on website/application is accurate but Khayt not responsible for any loss suffered by the user as a consequence of any that action user takes or omit to take on the basis of any of the information provided by Khayt.
d) Khayt is not being liable for any loss suffered by a user through the use of the website/application howsoever caused, including loss caused through but not limited to Khayt negligence, breach of contract, copyright infringement, breach of other intellectual property rights or defamation.
e) User shall not publish or cause to be published any unlawful, defamatory, obscene, offensive, harmful or otherwise objectionable content on the website/application.
f) Khayt shall not sell, market, trade, or transfer to outside parties, the user’s personally identifiable information. Khayt may release user’s information when the release is required to comply with the law, enforce Khayt policies, protect its or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
g) Khayt keep updating the availability of the product at a regular interval to avoid instances where another customer may have selected to purchase the same item as you at the same time. If such instance happens, Khayt will notify you within one business day about the non-delivery of the goods. If it is an item that User cannot re-order; then Khayt will give you a refund immediately; if it is an item, User can re-order – Khayt will inform you of the new delivery time frame and give you the choice of waiting or receiving a refund.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
- The User continues to access and use the Website; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer, The Parties agree that certain portions of these Terms (“Sections”), shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
a) The Khayt reserves the right, in its sole discretion, to remove User / Vendor / Buyer / Purchaser to access the website and also has a right to terminate the access of the services offered on the Website/App, or any portion thereof, at any time, without notice or cause.
b) User / Vendor / Buyer / Purchaser / Agent may make a request of termination but they are not entitled to any refund of payment.
c) The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Section 4 hereinabove.
6. SERVICES TO BE RENDERED BY THE WEBSITE
a) The Khayt Will Advertise, list, market & promote the products/goods/ designer clothes and accessories in its web portal and also it holds, Operates and Control the products/goods/ designer clothes and accessories;
b) The user uses any Content available on the portal at his/her own level of satisfaction and evaluation. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence.
c) The Khayt provides e platform for sale and purchase for products/goods/designer clothes and accessories to the Users who wish to receive information and promotional messages on and through Emails hereinafter.
e) Khayt will provide a user-friendly online platform to the customer for buying the products. The panel will be Customer Dashboard to facilitate the process.
f) The Khayt reserves the right in its sole discretion, to choose to list of products/goods/ designer clothes and accessories or to make a choice in a wide selection for a listing of products/goods/ designer clothes and accessories on website/app.
g) Khayt shall not hold any liability arises from any act or omissions of users.
h) Khayt will provide an integrated online payment services interface from 3rd party payment gateway service provider which will facilitate the payment processing from buyers’ end.
i) To provide a log-in-id and password to enable registered User to create, update, and make any changes in its Profile Page as required.
j) Khayt will provide an integrated logistics interface from 3rd party e-commerce logistics service provider who will pick the product from vendor and deliver to customer or vice-versa in case of returns (however the forward shipments and returns shipments pickup and drop facility may not be available at certain locations as may be directed by logistics service provider).
k) The interested buyer/purchaser/other users can select the product they want to buy, login to their customer account and proceed with a payment option to confirm the order.
l) To facilitate e-mail communication between Website’s registered users and Khayt Company, to enable Users to make and receive queries and/or book or confirm appointments for various products/goods/ designer clothes and accessories related matters.
m) By using this Website, and providing his/her contact information to the Khayt through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMS from the Khayt and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls/emailmessages/text messages, the User may send an e-mail to the effect to firstname.lastname@example.org with the subject Unsubscribe. The User agrees and acknowledges that it may take up to Seven (7) business days for the Khayt to give effect to such a request by the User. The users who have subscribed for the newsletter updates may directly login to his/her account and unsubscribe from the newsletter subscription.
n) The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Khayt or any of its affiliates/partners relating to any service availed of by the User/member on the Website or anything pursuant thereto.
o) It is expressly agreed to by the Parties that any information shared by the User with the Khayt shall be governed by the Policy.
p) The Khayt may provide links to other third-party World Wide Web sites or resources; however, Khayt makes no representations whatsoever about any other Web site user may access through the Khayt’s website/app.
q) The Khayt may collect Personal Information about your online activities over time and across third-party websites or online services when you use our Website or the Services. Other parties may also be able to collect Personal Information about your online activities over time and across third-party websites or online services when you use our Website or the Services.
r) For any required periodic maintenance the website may go down for undefined duration and vendors or users may not claim any loses or grievances for the same.
s) Khayt will also provide a feedback form at the website front end which may be used by users or anyone visiting the website so as to suggest Khayt about any required improvements and suggestions.
t) Khayt will solely determine the look, feel and workflow of the website however the feedback can be provided via the feedback form or email.
PRODUCT PRICING & ACCURACY
a) We strive to provide you with the best prices possible on products and/or services you buy from us, however, we do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
b) While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option
c) Customizations and offers: The basic silhouette cannot be changed, All customization will be subjected to availability and subject to the possibility as will be governed by Khayt. All custom made order and offer based orders will be non-refundable/exchangeable. The costs for customization service will be in addition to the cost of the Products.
7. RESPONSIBILITIES OF REGISTERED USER
The Users expressly acknowledges, agrees and understand that:
a) User acknowledges that she/he is not an employee of the Khayt and further they are not directed, supervised, or controlled by the Khayt.
b) User shall limit access to and use of listings deals with personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.
c) The User agrees to keep the information confidential provided by the Khayt. Further agrees to never use or transfer such information for any illegal or harmful purpose.
d) User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device.
e) User further shall not use the Service provided by the Khayt in any other manner for or in connection with any other listing Service or device.
f) The User agrees to comply with all notices or instructions given by the Khayt from time to time to enable the use of the Service.
g) The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the services of the website.
h) The User shall promptly make the payment to the Khayt towards the Services availed as and when it becomes payable.
i) The User agrees to indemnify the Khayt for any action or claim made by any third party resulting from any information posted on the site by the User or/and anybody else on his behalf.
j) Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Khayt or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Khayt shall be governed by the Policy.
a) Payments for the products offered by Khayt shall be on a 100% advance basis as mentioned on the final payment check-out page of Khayt. The Invoice/Bill against the payment made shall be sent to the User at the time of shipment of the product. The payment for products once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of the Khayt and/or as per the Cancellation, Return & Exchange, Refund policies mentioned on the website page.
b) Product Prices displayed are inclusive of all taxes and duties. The taxes charged shall depend upon the government norms for the product destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges wherever applicable. Any changes in the government taxes will be enforced with immediate effect.
c) The Khayt offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s card/bank accounts.
d) The Khayt reserves the right to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to Khayt under any other agreement or commercial relationship towards other products/services. The Khayt gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only if applicable and/or as per the Cancellation, Return & Exchange, Refund policies mentioned on the website page.
e) The Khayt undertakes no liability for free Services. The Khayt reserves its right to amend/alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms/disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
f) Payment is not refundable once the goods subscribed/purchased by the users. The refund policy will administer on Khayt’s discretion and/or as per the Cancellation, Return & Exchange, Refund policies mentioned on the website page.
g) If the Buyer/user fails to pay the outstanding amount under this agreement, whether by canceling user’s credit card, initiating an improper chargeback, or any other means than Khayt has a right to stop delivery. Khayt may set off his amount against the other amount received or held from customer/client.
h) Khayt have a right to hold or reclaim the Payment in cases of abuse, fraud or violation of the agreement.
9. SERVICES CHARGES
a) The use of this Website by the User, including browsing the Website and availing any services offered therein is free of cost. The User is only required to pay on the goods purchased through the Website. However, the Khayt reserves the right to amend this no-fee policy and charge the User for any or all goods/service offered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
b) The Khayt reserves the right to change above mentioned no-fee policy or the fixed amount charged policy charged to the user at its sole discretion. In the event of such a change, the same will be informed to the User 30 days in advance.
10. MODE OF PAYMENT
Khayt will provide an integrated online payment services interface from 3rd party payment gateway service provider which will facilitate the payment processing from buyers’ end.
The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
b) Visa & Master Card Debit cards;
c) Net banking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.
d) Cash on Delivery (“COD”), however, COD services may not be available at certain PINCODES as specified by the integrated 3rd party logistics service provider.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will require to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of. Third party payment gateways will be used for all services in our site. To place a valid order on the Website, the User is required to complete the transaction; including making payment for the product/services opted for. This may or may not be assisted with a phone call from a customer service representative. By placing an order on the site or over the phone, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website or the payment policies terms and conditions as directed by the integrated 3rd party online payment gateway, or affiliated websites where reference to such affiliated websites has been specifically made.
After the user has added products to the cart and proceeded to the checkout section, the user will be asked for his/her preferred delivery address and other contact information. Once the payment transaction has been successfully completed, the user’s order will be processed on receipt of the funds from the user’s bank or the credit card. It is at this stage that the user’s order is successfully placed. Thereafter the products purchased by the user will be shipped based on the product availability and completion of logistics operations related to the same.
11. SHIPPING POLICY
a) Khayt have partnered with reputed logistics services for the safe and timely delivery of orders.
b) At Khayt, we aim to have the order delivered within 3 days. Normally orders placed before 11am IST on a business day, we aim to ship the same day, it may be longer if you live in remote locations. The estimated delivery time is mentioned on the product page itself. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Orders placed after 1pm will be shipped the next business day. Orders Received on Sunday or during Holidays are dispatched the following Monday or next working day. During busy times, such as holiday periods, there can be processing and shipping delays. We are not responsible for any delays caused by destination customs clearance processes.
c) Our shipping partner service network covers over 80% of Indian business addresses, private addresses and Post Office boxes. Delivery outside this network will receive the fastest possible delivery using existing transport links.
d) As soon as we ship your order, the tracking information will be sent to the User via Email and the order can be tracked from the Khayt Portal.
e)All our products are insured from the time they leave vendor to the time they reach your delivery address. Once a package has been signed for at the delivery address, it is no longer insured. If a product is damaged upon arrival, either refuse to accept it or notify us via email or phone within 24 hours of receipt.
f) Any items notified by our courier companies to be restricted and/or banned and/or prohibited from time to time (including but not limited to animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
g) The user is aware that it is his responsibility to correctly update the billing and shipping address associated with the user profile. Any delays or damages or charges caused due to improper information by the user is not responsibility of Khayt in any kind of form or compensation.
h) The customer/user is aware and agrees that the Shipping Policy is subject to change from time to time and shall be responsible to check the same at the bottom of Khayt home page before making any Transaction with Khayt.
12. RETURN & REFUND POLICY
I. Cancellation, Return & Exchange, Refund policy:
a) Goods once sold can only be exchanged for replacement or store credit if they meet the returns eligibility criteria of Khayt.
b) In case User is not satisfied with the product, User can contact Khayt via email: email@example.com or fill the contact us form at Khayt portal within 48hrs of receiving the product with User details and order number, the customer support team will get in touch with you within 24hrs.
c) The Products to be returned/exchanged must be unused, unworn, unwashed and undamaged. Return items will only be eligible for acceptance in their original packaging, including hangers, polyester bags, hang tags on garments, boxes or dust bags, authenticity cards etc. Please inform the Khayt Customer Care Team in the event of any Goods/Products is delivered without tags.
d) All products must be tried gently. Returns may not be accepted if items are soiled and may be sent back to the customer.
e) No returns, refunds/store credits or exchanges will be accepted for custom made, made to measure and products on sale. Products not meeting eligibility conditions will not be accepted and will be sent back to the customer on additional shipping cost.
f) Repeated refusal of COD orders by the customer might lead to the barring of COD facility without any intimation. For the repeated return of products from a customer i.e. more than 50% of the delivered products, the customer will be intimated that future orders on the non-cancellation and non-return basis.
g) In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. Khayt shall not be able to process the cancellation if the order/orders are processed. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation. Store credit will be provided against the eligible cancellation of an order.
h) There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back in your Card Account. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
i) Khayt take great pride in its goods and packaging so that the User never receives a faulty product from us. If, on the rare occasion, this does occur please contact customer service at firstname.lastname@example.org or fill the contact us form at Khayt portal. Khayt can either send out a postbag for you to return the product in and/or refund your postage when the parcel arrives. If available, you can request a replacement or refund for the product. Khayt have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.
j) The customer agrees not to dispute the decision made by Khayt and accept Khayt’s decision regarding the return validation that is – if the product is valid to be accepted as a return or not. Non-Valid return will be sent back to the customer.
k) The customer/user is aware and agrees that the Cancellation, Return & Exchange Policy is subject to change from time to time and shall be responsible to check the same on our home page before making any Transaction with Khayt.
l) In case of eligible Refund/exchange, the Khayt will arrange the pickup (reverse pickup will not available at selected pin-codes) and store credit will be initiated within 7days of receiving the item back to the Vendor.
m) Since the Khayt showcase the only latest designer product in limited size, thus in case of non-availability of exchange item, under such circumstances the amount paid by you can be used from store credit to shop other available products or whenever you shop with us next time.
n) The validity of store credits will be for a period of 12 months, from the date the refund amount is added to your account. The store credit can be used to shop for any available products or whenever you shop with us next time.
13. IDENTITY AND SECURITY
a) In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India
b) You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form.
c) The Khayt reserves the right to validate user information at any time but not limited to third-party database or verification of one or more official legal documents of government.
d) The Khayt is authorized to make anyinquiries regarding the validation of identity and to confirm the ownership of the user’semailaddress or financial accounts. Failure to provide information on the user’s part will violate or vitiate the agreement.
e) The user is solely responsible for maintaining the secrecy and security of his/her account password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult.
f) The user is obliged not to disclose his/her password with anyone. If the user finds that their password is being hacked than they shall immediately report to the Khayt.
g) All the Transactions made on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties.
h) The User’s credit and debit card information is not received, stored by or retained by the Khayt / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks, institutions, and payment franchisees that it is associated with.
i) You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Khayt. Because of this, we strongly recommend that you exit from your account at the end of each session.
4. PROHIBITED ACTIONS
The User agrees and acknowledges that he/she is a restricted user of this Website and that he/she:
a) is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Khayt. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
b) agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in above Sections and sections hereinbelow. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Khayt disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that they have evaluated and satisfied themselves of the products/services displayed on the Website before purchase.,The User may, however, report any such offensive or objectionable content, which the Khayt may then remove from the Website, at its sole discretion.
c) In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable /offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Khayt.
d) Further User undertakes not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
- Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
- Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
- The 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. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
- 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 websites;
- Collect or store data about other users of the Website.
- Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(is);
- Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offense, or prevent the investigation of any offense, or insult any other nation.
- Publish, post, or disseminate information that is false, inaccurate or misleading;
- Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Commit any act that causes the Khayt to lose (in whole or in part) the services of its internet service provider (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Khayt /Website;
- Engage in advertising to or solicitation of, other users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Khayt.
e) The User hereby expressly authorizes the Khayt /Website to disclose any and all information relating to the User in the possession of the Khayt /Website to law enforcement or other government officials, as the Khayt may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Khayt /Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
15. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Khayt may in its sole discretion limit the User’s access and / or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to
provide User with access to the Website, without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If Khayt is unable to verify or authenticate the user’s information;
- If the user fails to make the payment to the Khayt in connection with the service contract;
- If the User’s actions may cause any harm, damage or loss to the other users or to the Website/ Khayt, at the sole discretion of the Khayt;
- If User’ copies or duplicate the content or other information available from the Website.
If once the user gets suspended or the agreement is terminated then the user cannot use Khayt’s platform under a different account and/or under a new account. If the Khayt finds so, then Khayt has a right to reclaim the available funds in that account.
16. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Khayt, its directors, affiliate vendors, employees, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Khayt /Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Khayt had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Khayt /Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics creations.