Terms & Conditions
Terms & Conditions
This document is an electronic
record in terms of Information Technology Act, 2000 and rules there under 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.
This document is published in
accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and Terms of Use for access or usage of www.klsethiuniforms.com
website.
The domain name www.klsethiuniforms.com
(hereinafter referred to as "Website") is owned by
KL SETHI SONS, with its registered
office at F14/41 MODEL TOWN 2nd, New Delhi, India (hereinafter referred to as
"KL SETHI SONS.").
The following terms and conditions are applicable to this website including the
applicable policies and your use
Your use of the Website and services
and tools are governed by the following terms and conditions (“Terms of Use”)
as applicable to the Website including the applicable policies which are
incorporated herein by way of reference. If You transact on the Website, You
shall be subject to the policies that are applicable to the Website for such
transaction. By mere use of the Website, You shall be contracting with KL SETHI
SONS and these terms and conditions including the policies constitute Your
binding obligations, with “KL SETHI SONS”.
For the purpose of these Terms of
Use, wherever the context so requires "You" or “User” shall
mean any natural or legal person who has agreed to become a buyer on the
Website by providing Registration Data while registering on the Website as
Registered User using the computer systems. “KL SETHI SONS.” allows the User to
surf the Website or making purchases without registering on the Website. The
term “We”, “Us”, “Our” shall mean KL
SETHI SONS..
When You use any of the services
provided by Us through the Website, including but not limited to, (e.g. Product
Reviews, Seller Reviews), You will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such service, and they shall be
deemed to be incorporated into this Terms of Use and shall be considered as
part and parcel of this Terms of Use. We reserve the right, at Our sole
discretion, to change, modify, add or remove portions of these Terms of Use, at
any time without any prior written notice to You. It is Your responsibility to
review these Terms of Use periodically for updates / changes. Your continued
use of the Website following the posting of changes will mean that You accept
and agree to the revisions. As long as You comply with these Terms of Use, We
grant You a personal, non-exclusive, non-transferable, limited privilege to
enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE
USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER
THESETERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE
PROCEEDING. By impliedly or expressly accepting
these Terms of Use, You also accept and agree to be bound by “KL SETHI SONS”
Policies ((including but not limited to Privacy Policy available on http://klsethiuniforms.com/privacy
as amended from time to time.
Membership Eligibility
Use of the Website is available only
to persons who can form legally binding contracts under Indian Contract Act,
1872. Persons who are "incompetent to contract" within the meaning of
the Indian Contract Act, 1872 including minors, un-discharged insolvents etc.
are not eligible to use the Website. If you are a minor i.e. under the age of
18 years, you shall not register as a User of the " KL SETHI SONS” website
and shall not transact on or use the website. As a minor if you wish to use or
transact on website, such use or transaction may be made by your legal guardian
or parents on the Website. “KL SETHI SONS” reserves the right to terminate your
membership and / or refuse to provide you with access to the Website if it is
brought to “KL SETHI SONS”’s notice or if it is discovered that you are under
the age of 18 years.
Your Account and Registration
Obligations
If You use the Website, You shall be
fully responsible for maintaining the confidentiality of your Display Name and
Password and You shall be responsible for all activities that occur under your
Display Name and Password. You agree that if You provide any information that
is untrue, inaccurate, not current or incomplete or We have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the this Terms of Use, We shall have the
right to indefinitely suspend or terminate or block access of your membership
on the Website and refuse to provide You with access to the Website.
Communications
When You use the Website or send
emails or other data, information or communication to us, You agree and
understand that You are communicating with Us through electronic records and
You consent to receive communications via electronic records from Us
periodically and as and when required. You agree that we may communicate with
you by email or by such other mode of communication, electronic or otherwise.
Henceforward:
1. All commercial/contractual terms
are offered by and agreed to between Buyers and Sellers alone. The
commercial/contractual terms include without limitation price, shipping costs,
payment methods, payment terms, date, period and mode of delivery, warranties
related to products and services and after sales services related to products
and services. “KL SETHI SONS ” does not have any control or does not determine
or advise or in any way involve itself in the offering or acceptance of such
commercial/contractual terms between the Buyers and Sellers.
2. “KL SETHI SONS” does not make any
representation or Warranty as to specifics (such as quality, value,
saleability, etc) of the products or services proposed to be sold or offered to
be sold or purchased on the Website. “KL SETHI SONS.” does not implicitly or
explicitly support or endorse the sale or purchase of any products or services
on the Website. “KL SETHI SONS” accepts no liability for any errors or
omissions, whether on behalf of itself or third parties.
3. “KL SETHI SONS” is not
responsible for any non-performance or breach of any contract entered into
between Buyers and Sellers. “KL SETHI SONS” cannot and does not guarantee that
the concerned Buyers and/or Sellers will perform any transaction concluded on
the Website. “KL SETHI SONS” has no obligation to mediate or resolve any dispute
or disagreement between the Buyers and the Sellers.
4. “KL SETHI SONS” does not make any
representation or warranty as to the item-specifics (such as legal title,
creditworthiness, identity, etc) of any of its Users. You are advised to
independently verify the bona fides of any particular User that You choose to
deal with on the Website and use Your best judgment in that behalf.
5. “KL SETHI SONS” does not at any
point of time during any transaction between Buyer and Seller on the Website
come into or take possession of any of the products or services offered by
Seller nor does it at any point gain title to or have any rights or claims over
the products or services offered by Seller to Buyer.
6. At no time shall “KL SETHI SONS”
hold any right, title or interest over the products nor shall “KL SETHI SONS”
have any obligations or liabilities in respect of such contract entered into
between Buyers and Sellers. “KL SETHI SONS” is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a
result of products which are out of stock, unavailable or back ordered.
However, should the User not receive the ordered products within 15 business
days of placing the order or otherwise mentioned at time of placing the order,
the User shall be entitled to receive refund of value of the product, already
paid by the User to KL SETHI SONS, upon a cancellation request being made by
the user in accordance with KL SETHI SONS's Cancellation Policy. The User
agrees and acknowledges that KL SETHI SONS's total liability towards the User
for any transaction is limited to the value of the transaction, actually paid
by the User to KL SETHI SONS. The User shall not be entitled to receive any
damages over and above the refund of the value paid by it.
Disclaimer: Pricing on any product(s) as is reflected on the
Website may due to some technical issue, typographical error or product
information published by seller may be incorrectly reflected. Should KL SETHI
SONS or the Seller become aware of such error, KL SETHI SONS and/or the Seller
shall be entitled to cancel order(s) placed by You for such product(s). You
agree to not bring any claim against KL SETHI SONS or the Seller for such
cancellation. In such case, You shall have the ability to place the order again
at the corrected price.
9. You release and indemnify “KL
SETHI SONS” and/or any of its officers and representatives from any cost,
damage, liability or other consequence of any of the actions of the Users of
the Website and specifically waive any claims that you may have in this behalf
under any applicable law. Notwithstanding its reasonable efforts in that
behalf, “KL SETHI SONS” cannot take responsibility or control the information
provided by other Users which is made available on the Website. You may find
other User's information to be offensive, harmful, inconsistent, inaccurate, or
deceptive. Please use caution and practice safe trading when using the Website.
Charges
Membership on the Website is free
for buyers. “KL SETHI SONS” does not charge any fee for browsing and buying on
the Website. “KL SETHI SONS” reserves the right to change its Fee Policy from
time to time. In particular, “KL SETHI SONS” may at its sole discretion
introduce new services and modify some or all of the existing services offered
on the Website. In such an event “KL SETHI SONS” reserves the right to
introduce fees for the new services offered or amend/introduce fees for
existing services, as the case may be. Changes to the Fee Policy shall be
posted on the Website and such changes shall automatically become effective
immediately after they are posted on the Website. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to KL SETHI SONS.
Use of the Website
You agree, undertake and confirm
that Your use of Website shall be strictly governed by the following binding
principles:
1. You shall not host, display,
upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to
which You does not have any right to;
(b) 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; 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;
(c) is misleading in any way;
(d) is patently offensive to the
online community, such as sexually explicit content, or content that promotes
obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind
against any group or individual;
(e) harasses or advocates harassment
of another person;
(f) involves the transmission of
"junk mail”, "chain letters”, or unsolicited mass mailing or
"spamming";
(g) promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any
third party's rights [including, but not limited to, intellectual property
rights, rights of privacy (including without limitationunauthorized disclosure
of a person's name, email address, physical address or phone number) or rights
of publicity];
(i) promotes an illegal or
unauthorized copy of another person's copyrighted work (see "Copyright
complaint" below for instructions on how to lodge a complaint about
uploaded copyrighted material), such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
(j) contains restricted or
password-only access pages, or hidden pages or images (those not linked to or
from another accessible page);
(k) provides material that exploits
people in a sexual, violent or otherwise inappropriate manner or solicits
personal information from anyone;
(l) provides instructional
information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or
images of another person (with a minor or an adult).
(n) tries to gain unauthorized
access or exceeds the scope of authorized access to the Website or to profiles,
blogs, communities, account information, bulletins, friend request, or other
areas of the Website or solicits passwords or personal identifying information
for commercial or unlawful purposes from other users;
(o) engages in commercial activities
and/or sales without Our prior written consent such as contests, sweepstakes,
barter, advertising and pyramid schemes, or the buying or selling of
"virtual" products related to the Website. Throughout this Terms of
Use, “KL SETHI SONS”’s prior written consent means a communication coming from
“KL SETHI SONS”’s Legal Department, specifically in response to Your request,
and specifically addressing the activity or conduct for which You seek
authorization;
(p) solicits gambling or engages in
any gambling activity which We, in Our sole discretion, believes is or could be
construed as being illegal;
(q) interferes with another USER's
use and enjoyment of the Website or any other individual's User and enjoyment
of similar services;
(r) refers to any website or URL
that, in Our sole discretion, contains material that is inappropriate for the
Website or any other website, contains content thatwould be prohibited or
violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark,
copyright or other proprietary rights or third party’s trade secrets or rights
of publicity or privacy or shall not be fraudulent orinvolve the sale of
counterfeit or stolen products;
(u) violates any law for the time
being in force;
(v) deceives or misleads the
addressee/ users about the origin of such messages or communicates any
information which is grossly offensive or menacing innature;
(w) impersonate another person;
(x) contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer resource; or contains any trojan horses,
worms, time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, diminish value of,
surreptitiously intercept or expropriate any system, data or personal
information;
(y) threatens the unity, integrity,
defence, security or sovereignty of India, friendly relations with foreign
states, or public order or causes incitement to thecommission of any cognizable
offence or prevents investigation of any offence or is insulting any other
nation.
(z) shall not be false, inaccurate
or misleading;
(aa) shall not, directly or
indirectly, offer, attempt to offer, trade or attempt to trade in any item, the
dealing of which is prohibited or restricted in any mannerunder the provisions
of any applicable law, rule, regulation or guideline for the time being in
force.
(ab) shall not create liability for
Us or cause Us to lose (in whole or in part) the services of Our internet
service provider (“ISPs”) or other suppliers;
2. You shall not use any
“deep-link”, “page-scrape”, “robot”, “spider” or other 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 any Content,
or in any way reproduce or circumvent the navigational structure or
presentation of the Website or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely made
available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain
unauthorized access to any portion or feature of the Website, or any other
systems or networks connected to the Website or toany server, computer,
network, or to any of the services offered on or through the Website, by
hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test
the vulnerability of the Website or any network connected to the Website nor
breach the security or authentication measures on the Website or any network
connected to the Website. You may not reverse look-up, trace or seek to trace
any information on any other User of or visitor to Website, or any other
customer, including any account on the Website not owned by You, to its source,
or exploit the Website or any service or information made available or offered
by or through the Website, in any way where the purpose is to reveal any
information, including but not limited to personal identification or
information, other than Your own information, as provided for by the Website.
5. You shall not make any negative,
denigrating or defamatory statement(s) or comment(s) about Us or the brand name
or domain name used by Us including the terms “KL SETHI SONS”, “klsethiuniforms.com,
or otherwise engage in any conduct or action that might tarnish the image or
reputation, of “KL SETHI SONS” or sellers on platform or otherwise tarnish or
dilute any “KL SETHI SONS”’s trade or service marks, trade name and/or goodwill
associated with such trade or service marks, trade name as may be owned or used
by us. You agree that You will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Website or “KL
SETHI SONS”’s systems or networks, or any systems or networks connected to “KL
SETHI SONS”.
6. You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Website or any transaction being conducted on the Website, or
with any other person’s use of the Website.
7. You may not forge headers or
otherwise manipulate identifiers in order to disguise the origin of any message
or transmittal You send to Us on or through the Website or any service offered
on or through the Website. You may not pretend that You are, or that You
represent, someone else, or impersonate any other individual or entity.
8. You may not use the Website or
any content for any purpose that is unlawful or prohibited by these Terms of
Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of “KL SETHI SONS” and / or others.
9. You shall at all times ensure
full compliance with the applicable provisions of the Information Technology
Act, 2000 and rules there under as applicable and as amended from time to time
and also all applicable Domestic laws, rules and regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in Force) and
International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations
(including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax,
Central Excise, Custom Duty, Local Levies) regarding Your use of Our service
and Your listing, purchase, solicitation of offers to purchase, and sale of
products or services. You shall not engage in any transaction in an item or
service, which is prohibited by the provisions of any applicable law including
exchange control laws or regulations for the time being in force.
10. Solely to enable Us to use the
information You supply Us with, so that we are not violating any rights You
might have in Your Information, You agree to grant Us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple
tiers) right to exercise the copyright, publicity, database rights or any other
rights You have in Your Information, in any media now known or not currently
known, with respect to Your Information. We will only use Your information in
accordance with the Terms of Use and Privacy Policy applicable to use of the
Website.
11. From time to time, You shall be
responsible for providing information relating to the products or services
proposed to be sold by You. In this connection, You undertake that all such
information shall be accurate in all respects. You shall not exaggerate or over
emphasize the attributes of such products or services so as to mislead other
Users in any manner.
12. You shall not engage in
advertising to, or solicitation of, other Users of the Website to buy or sell
any products or services, including, but not limited to, products or services
related to that being displayed on the Website or related to us. You may not
transmit any chain letters or unsolicited commercial or junk email to other
Users via the Website. It shall be a violation of these Terms of Use 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 person other than Us without Our prior explicit consent. In order to
protect Our Users from such advertising or solicitation, We reserve the right
to restrict the number of messages or emails which a user may send to other
Users in any 24-hour period which We deems appropriate in its sole discretion.
You understand that We have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Website) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or subpoena. In
addition, We can (and You hereby expressly authorize Us to) disclose any
information about You to law enforcement or other government officials, as we,
in Our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
We reserve the right, but has no
obligation, to monitor the materials posted on the Website. “KL SETHI SONS”
shall have the right to remove or edit any content that in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or
letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY
RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN
YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not
necessarily reflect “KL SETHI SONS” views. In no event shall ” KL SETHI SONS”
assume or have any responsibility or liability for any Content posted or for
any claims, damages or losses resulting from use of Content and/or appearance
of Content on the Website. You hereby represent and warrant that You have all
necessary rights in and to all Content which You provide and all information it
contains and that such Content shall not infringe any proprietary or other
rights of third parties or contain any libellous, tortious, or otherwise
unlawful information.
13. Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or through
the Website, including payment and delivery of related products or services,
and any other terms, conditions, warranties or representations associated with
such dealings, are solely between You and such advertiser. We shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
the Website.
14. It is possible that other users
(including unauthorized users or “hackers”) may post or transmit offensive or
obscene materials on the Website and that You may be involuntarily exposed to
such offensive and obscene materials. It also is possible for others to obtain
personal information about You due to your use of the Website, and that the
recipient may use such information to harass or injure You. We does not approve
of such unauthorized uses, but by using theWebsite You acknowledge and agree
that We are not responsible for the use of any personal information that You
publicly disclose or share with others on theWebsite. Please carefully select
the type of information that You publicly disclose or share with others on the
Website.
15. “KL SETHI SONS” shall have all
the rights to take necessary action and claim damages that may occur due to
your involvement/participation in any way on your own or through group/s of
people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of
Services).
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