Terms of Use

 Our Terms of Use was last updated in November, 2023

 OVERVIEW

 These Terms of Use ("Terms of Use" or “Terms”) govern your use of our website, products, and services provided by Aurora Retail Private Limited. By accessing or using our website, you agree to comply with and be bound by these Terms.

The services and/or products offered by Keffy can be accessed at https://keffyit.com/ (“Service”).

 For the purposes of this Terms of Use, the individual receiving such information shall be referred to as the “User” or “You”.

 

 ACCEPTANCE OF TERMS OF USE

Aurora Retail Private Limited (‘we” or “us” or “our” or “Company”) owns and operates the website https://keffyit.com/ (“Website”). The use of our Services is subject to your compliance and acceptance to these Terms of Use (defined below). The User also agrees to our Privacy Statement and acknowledge that User will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, documents and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use” and govern User access to and use of our Website, including any product, content, functionality and services offered on or through our Website, whether as a guest or a registered User.

In order to register on this Website, and/or use of any services offered by the Website, the User is required to accept these terms in their entirety.

The term "using" also includes any person or entity that accesses or uses the Website with crawlers, robots, data mining or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE WEBSITE AND DO NOT USE ANY SERVICE, PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE WEBSITE.

 These Terms of Use are organized as follows:

  1. OWNERSHIP OF THE WEBSITE

The Website, any content on the Website and the infrastructure used to provide the Website are proprietary to us, our affiliates and other content providers. By using the Website and accepting these Terms of Use: (a) We grant the User a limited, personal, non-transferable, nonexclusive, revocable license to use the Website pursuant to these Terms of Use and to any additional terms and policies set forth by us; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, products or services obtained from or through the Website without the express permission of the Company.

  1. TERRITORY

The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. The Company makes no representation that goods are available or otherwise suitable for use outside the Republic of India.  If you, the User choose to access the Website and make a purchase from locations outside the Republic of India, the User does so on their own initiative and are responsible for the consequences thereof. The Company makes no representations that the Services are appropriate or available for use in other locations. Notwithstanding the foregoing, the Website or Services may contain or provide links to content hosted on the Website located outside of India.

  1. MODIFICATION

We reserve the right at all times to discontinue or modify/revise/alter/delete any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Website or our Services, we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice. If you do not agree to the changes, you may close your account and you should not use the Website or any Services offered through the Website after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes and that your continued use of the Website or our services will constitute acceptance of these changes and the Terms of Use as modified. 

  1. ELIGIBILITY
    • Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including undischarged insolvents etc. are not eligible to use https://keffyit.com/. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use https://keffyit.com/ only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
    • The User represents, acknowledges and agrees that the User is at least 18 years of age, and that: a) all registration information submitted is truthful and accurate; b) User shall at all times, maintain the accuracy of such information. In case it is discovered that the User is in violation of the terms then his/ her registration with the Platform will be cancelled with immediate effect without any monetary payment as suggested in these terms herein below.
  1. USE OF THE WEBSITE

As a condition of your use of the Website, you agree that:

  • You are not barred from receiving products or services under applicable law;
  • You will not attempt to use the Website with crawlers, robots, data mining or extraction tools or any other functionality;
  • Your use of the Website will at all times comply with these Terms of Use;
  • You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
  • You will only make purchases on the Website for your own use or, as a gift for another person;
  • You have the right to provide any and all information you submit to the Website, and all such information is accurate, true, current and complete;
  • You will update and correct information you have submitted to the Website and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
  • To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
  1. ACCESS TO THE WEBSITE

The Company retains the right, at our sole discretion, to deny service or use of the Website or an account to anyone at any time and for any reason. The Company may terminate your access to the Website if it reasonably believes, it its sole discretion, that you have breached these Terms of Use. Following such termination, you will not be permitted to use the Website and the Company, may in its sole discretion and without advance notice to you, cancel any outstanding orders for Products.While we use reasonable efforts to keep the Website and your account accessible, the Website and/or User account may be unavailable from time to time. The User understands and agrees that there may be interruptions in service or events, Website access or access to account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. We reserve the right to withdraw or amend the Website, and any Service or product we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.

  1. ACCURACY AND COMPLETENESS OF INFORMATION

The Company is not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is entirely on the own risk of the User. 

  1. MEDICAL DISCLAIMER

 You understand that any information and content such as text, graphics, and images found within our Website is for general educational, entertainment, and informational purposes only. You understand that such information is not intended nor otherwise implied to be medical advice or a substitute for medical advice, diagnosis, or treatment.

This Website does not guarantee accuracy nor completeness of the information and content on it, and as a result such information does not encompass all conditions, disorders, health-related issues, or respective treatments. You understand that you should always consult your physician or other qualified healthcare provider to determine the appropriateness of this information for your own situation or if you have any questions regarding a medical condition, disorder, treatment plan, or other health-related issues.

 This Website and the Company expressly disclaim any and all responsibility for any liability, loss, or risk personal or otherwise, which may be or is incurred as a direct or indirect consequence of the use or application of any of the advice, comments, or information contained on this Website. In no event shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the information on our Website.

If you think that you may have a medical emergency, call your doctor immediately. No action or inaction should be taken based solely on the contents of this information. Nor should you ever delay seeking medical advice or treatment due to the information contained on this Website.

 This Website does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this site. Reliance upon the information provided by this Website is solely at your own risk. In this regard you agree not to use any information on our Website, including but not limited to product descriptions, customer testimonials, etc. for the diagnosis and treatment of any health issue or for the prescription of any medication or treatment. Further, Your use of this Website does not establish a doctor-patient relationship, pharmacist-patient relationship, or any other form of medical or professional relationship with us.

 These products intend to support general wellbeing and do not intend to treat, diagnose, mitigate, prevent, or cure any condition or disease. You further acknowledge that all customer testimonials as found on our Website are strictly the opinions of their writers and any results achieved are solely individual in nature; your results may vary.

By using this website, you confirm that you have reviewed and agree to the Terms and Conditions.

  1. USER ACCOUNT, PASSWORD, AND SECURITY

The Website registration process enables a User to access the services. Certain User information is required to create an account at our website. It is the sole responsibility of the User to maintain the confidentiality of the User Id and password received upon completion of the registration. Users are also responsible for any activity occurred under the account, thus make sure to exit at the end of each session to prevent unauthorized access of your account or breach of security. The Company shall not be responsible for any loss or damage emerged if the User fails to obey the terms. User is responsible for the validity of account information provided during the Website registration process. In case of submission of untrue, incomplete or inaccurate information the Company has the end rights to suspend or terminate User account.

  1. YOUR ACCOUNT
  • The User may only create and hold one account on the Website for your personal use. You are responsible for updating and correcting the information you have submitted to create or maintain your account. As part of your account settings, you have the option to (a) save, edit or delete your personal information, including, without limitation, a valid credit card/debit card; and (b) opt-out of persistent login. You understand and agree that the Company shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your user id, password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
  • Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account in our sole discretion.
  • If your account is cancelled, we may forfeit any pending, current or future account credits, and any other forms of unredeemed value in your account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive.
  • Company reserves the right to disclose any information that is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Company. The Company can further disclose User name, street address, city, state, country, phone number, email, it in its sole discretion if it believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
  1. USER CONDUCT

All interactions on the Website must comply with these Terms of Use. To the extent conduct of the User, in our sole discretion, restricts or inhibits any other User from using or enjoying any part of the Website, we may limit or terminate User privileges on the Website and seek other remedies, including, without limitation, cancellation of User account or forfeiture of any forms of unredeemed value in the account of the User.

The following activities are prohibited on the Website and constitute violations of these Terms of Use:

Submitting any content to the Website that:

  • Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
  • Contains personal information, except when we expressly ask you to provide such information;
  • Contains viruses or malware;
  • Offers unauthorized downloads of any copyrighted, confidential or private information;
  • Has the effect of impersonating others;
  • Is purposely inaccurate, commits fraud or falsifies information in connection with your account or to create multiple accounts; or
  • Is protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights.

Attempting to do or actually doing any of the following:

  • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • Scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
  • Scanning or testing the security or configuration of the Website or breaching security or authentication measures; or
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Website.

Collecting any of the following:

  • Content from the Website, including, without limitation, in connection with current or previously offered deals/vouchers, subscription and featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission; or
  • Personal Information (defined in our Privacy Statement) or content of any consumers.

Engaging in any of the following:

  • Tampering or interfering with the proper functioning of any part, page or area of the Website or any functions or services provided by the Company;
  • Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Reselling or repurposing your access to the Website or any purchases made through the Website;
  • Exceeding or attempting to exceed quantity limits when purchasing the products, or otherwise using your account to purchase products for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Website;
  • Violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website;
  • Deep-linking to any portion of the Website (including, without limitation, the purchase path for any voucher) without our express written permission;
  • Hyperlinking to the Website from any other website without our initial and ongoing consent; or
  • Acting illegally or maliciously against the business interests or reputation of the Company or our services.

Purchase/Placing order

  • That before placing an order the User will check the product description carefully. By placing an order for a product the User agrees to be bound by the conditions of sale included in the item's description.
  • We may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by You. Our decision of cancellation of order shall be final and we shall not be liable for such cancellation(s) whatsoever.
  • We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
  • All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of the Company. We reserve the right to discontinue any product at any time.
  • While describing products on our Website, we endeavour to be as accurate as possible. To the extent implied by applicable law, we do not warrant that the Product descriptions, information or other content available on the Website are accurate, complete, reliable, current or error-free. The Website may also contain typographical error or inaccuracies and may not be complete or updated.

Pricing:

  • Prices for our products are subject to change without notice. The Company shall not be liable for any modification, price change, suspension or discontinuation of the Services or product.
  • 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 shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. 
  1. QUANTITY RESTRICTIONS

 We retain the right, to restrict the quantity of items purchased per individual, household, or order, on our sole discretion. These limitations may apply to orders made through the same account, credit/debit card, and to those using identical billing and/or shipping addresses. Customers will be notified in case such restrictions are imposed. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.

  1. PAYMENTS
  • We accept online payments via Credit & Debit Card, Net-banking and select wallets including PayTM and PayU;
  • When paying online in case of a payment failure, please retry your payment ensuring: Information passed on to payment gateway is accurate i.e. account details, billing address, password (for net banking), etc. Kindly also check if your Internet connection has been disrupted in the process;
  • If your account has been debited after a payment failure, it is normally rolled back to your account within 7 business days. You can email us on support@keffyit.com with your order number for any clarification;
  • COD (Cash on Delivery) is provided through our delivery partners in select locations across India. Please check COD availability for your location before checkout;
  • All COD orders must be verified. Orders will not be processed until the verification process via OTP has been completed;
  • COD orders are not returnable and not refundable
  • There are no hidden charges. You pay only the amount that you see in your order summary at the time of check out. 
  1. REVIEWS, FEEDBACK, SUBMISSIONS
  • All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to https://keffyit.com/ on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain the property of the Company.
  • Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
  • The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments.
  • The User agrees that any Comments submitted by the User to the Company will not violate this Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
  • The User further agrees that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". The Company does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted.
  • The User grants to the Company the right to use the name that the User submits in connection with any Comments. The User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments submitted.
  • The User is and shall remain solely responsible for the content of any Comments the User makes and agrees to indemnify the Company and its affiliates for all claims resulting from any Comments. The Company and its affiliates take no responsibility and assume no liability for any Comments submitted by the User and/or any third party.
  1. COPYRIGHT AND TRADEMARKS
  • The Website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Website, feature and functionality are owned by the Company, its licensors or other providers of such material. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You shall not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
  • Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of the Company or the copyright owner is permitted.
  • The User acknowledges that he/she do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject the User to civil and/or criminal penalties.
  • The Company owns trademarks, registered and unregistered, and the logos and variations thereof found on the Website are trademarks owned by the Company and all use of these marks inures to the benefit of the Company.
  • There are other marks on the Website not owned by the Company may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company unless otherwise stated, or maybe the property of their respective owners. You may not use the Company's name, logos, trademarks or brands, or trademarks or brands of others on the Website without the Company's express permission.
  • These Terms of Use permit the User to use the Website for your personal, non-commercial use only. You must not:
  1. Modify copies of any materials from the Website.
  2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
  4. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
  • No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
  1. INDEMNIFICATION
  • The User agrees to defend, indemnify and hold harmless Aurora Retail Private Limited, its employees, directors, officers, agents and their successors and assigns from 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 acts or omissions of the User, which may result in any loss or liability to Aurora Retail Private Limited or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Terms of Use or arising out of violation of any applicable laws, regulations by the User including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Use.
  • Aurora Retail Private Limited reserves the right, at its own expense, to employ a separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, and the User agrees to cooperate with Company’s defence of these claims.

 

  1. DISCLAIMER OF WARRANTIES AND LIABILITY
  • THE WEBSITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE EXTENT ALLOWED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE USER AGREES THAT USE OF THE WEBSITE OR THE SERVICES IS AT THE RISK OF THE USER.
  • The Use of the Website, Products and/or Services is only for informational purposes. The use of the Products and/or its consumption hereof may be restricted or prohibited to certain classes of people or may have possible side effects. The User is advised to consume the Products under the guidance of a registered medical practitioner. The Company shall not be liable for any consequences that may ensue to the User, in the event of consumption and/or use of the Products.
  • No representations, warranties or guarantees whatsoever are made by Company as to the:
  • accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation;
  • legal title, creditworthiness, identity etc. of any of the User.
  • that the Service will be uninterrupted, timely, secure, or error-free;
  • the quality of any Services, content, information, or other material on the Website will meet your expectations or requirements;
  • any errors in the Website will be corrected;
  • warranties against infringement of any third party intellectual property or proprietary rights; or
  • other warranties relating to performance, non-performance, or other acts or omissions of Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
  • The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of the Website or the Services, whether based on contract, tort, strict liability, or other theory.

 

  1. LIMITATION OF LIABILITY
  • IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE WEBSITE, THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE WEBSITE OR SUBMITTED BY YOU TO THE WEBSITE; (B) YOUR INABILITY TO USE THE WEBSITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE WEBSITE; (D) OFFERINGS, PRODUCTS AVAILABLE ON THE WEBSITE AND PURCHASED FROM THE WEBSITE; (E) THESE TERMS OF USE; OR (F) ANY IMPROPER USE OF INFORMATION YOU PROVIDE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION.

THE TOTAL AGGREGATE LIABILITY OF THE COMPANY UNDER THIS TERMS OF USE SHALL BE LIMITED TO THE NET SALE PRICE OF THE PRODUCT TO WHICH THE CLAIM PERTAINS.

 

  1. ELECTRONIC COMMUNICATIONS
  • When the User uses the Website or send emails to the Company, the User is communicating with the Company electronically and consent to receive electronic communications related to use of the Website. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. WEBSITES OF OTHERS
  • The Website may contain links to websites maintained by other parties. The Company does not endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If the User decides to access websites maintained by other parties, the User does so at his/her own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked website or resource.

 

  1. GENERAL TERMS
  • Relationship
    None of the provisions of the Terms shall be deemed to constitute a partnership or agency between the User and the Company and the User shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement, unless the contrary is stated.
  • Assignment
    You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
  • Force Majeure

Neither the Company nor the User shall have any liability for any interruption or delay, to access the Website due to Force Majeure Event. For the purposes of this clause, “Force Majeure Event” means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the person affected thereby and which causes or results in default or delay in performance by such affected person of any of its obligations under this agreement and includes but is not limited to an act of God, war, hostilities, civil commotion, strikes, lockouts, closure due to epidemics and / or pandemics, and other industrial disputes, error or disruption to major computer hardware or networks or software failures; or other causes beyond the reasonable control of the Company.

  • Applicable Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Website or Company’s services shall be governed by the laws of India and the Courts in Delhi shall have exclusive jurisdiction without regard to its choice of law rules and without regard to conflicts of laws principles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts

  • Dispute Resolution

In the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between the Parties or out of or in connection with, or in relation to, these terms of Use (or the subject matter of these Terms of Use) including, without limitation, all disputes, differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of any provision of these Terms of Use, or as to rights, liabilities or duties of the Parties (hereinafter referred to as a “Dispute”), the same shall be endeavoured to be amicably settled by the Parties. In case of failure to settle the dispute within 30 (thirty) days from the date of reference, the same shall be referred to binding arbitration at the request of any party, in writing, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or alteration thereof for the time being in force. The arbitral tribunal shall comprise of a Sole Arbitrator to be appointed mutually by the parties. The Parties agree that the decision of the Arbitrator in relation to any such Dispute shall be final and binding on the Parties hereto.

The arbitration proceedings shall be conducted in the English language. The venue/seat of the arbitration shall be in Delhi.

  • Survival
    Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
  • Non Waiver

Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.

  • Entire Agreement

These Terms constitute the entire agreement between you and Aurora Retail Private Limited with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

  1. DISCLAIMER

Any and all Services provided to you would be based upon the information provided by you on the Website and otherwise. In case any information that should have been revealed is not revealed and/or is concealed whether purposefully or not and such non-disclosure or partial disclosure of information causes any loss or damage either to you or to the Website then in such a scenario the Company would not be liable to indemnify the User, however, the User would be liable to indemnify the Company for any such loss.

 

FOR SUPPORT CONTACT US AT:

Email address: support@keffyit.com