VEGOKYND USER TERMS & AGREEMENT
This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published and shall be construed 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 user agreement for access or usage of www.vegokynd.com website.
Only persons who can enter into legally binding contract under the Indian Contract Act, 1872 can use the Website and/or transact on the Website. Any minor who wishes to use or access the Website is required to conduct such transaction through their legal guardian or parents. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access and use the Website to conduct the transactions on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
The Platform reserves the right to amend or revise the T&C at any time by uploading a revised or amended T&C on the Website with or without prior notice. The amended T&C will be effective immediately after it is uploaded on this Website. Your access or use of the Website following any such changes constitutes your acceptance to follow and You shall be bound by these T&C, as amended. The version of the T&C that will apply to your order will be those uploaded on the Website at the time you use or access or place your order. For this reason, we encourage you to review these T&C each time you access and place your order. This T&C does not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other products or services. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of the Website.
You may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Website.
We reserve the right to block any user and permanently disable user account if we believe in our sole discretion that action of such user has resulted in breach of fair usage policy or T&c.
User Terms & Agreement
Your use of www.vegokynd.com and all the web pages, hyper-links, tools and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon your providing any information on the Website. In this User Agreement, you are contracting with Vegokynd Pvt. Limited, a company incorporated under the Companies Act, 2013 with its registered office at Flat No. 405, 4th Floor, Kusal Bazar, Opposite Sona Sweets, Nehru Place New Delhi – 110019, hereinafter referred to as "the
Platform" which expression unless the context otherwise requires shall mean and include its successors, liquidators and assigns.
For the purpose of the User Agreement, "Registered User", "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Terms & Agreement. A Registered User is one who has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression "You" shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns.
As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. "Acceptance" shall mean your affirmative action in clicking on the 'check box' and/or on the ‘continue’ button and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘check box’ or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the Website.
Amendments to the User Agreement
The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time the Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
Important Disclaimers:
The following disclaimers are the key to determining any relationship between You and the Platform for Your use of the Website and for the Platform providing any services on the Website:
∙ Platform and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied, or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
∙ The responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.
∙ The Platform, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics,
links or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted.
∙ The Website is only a venue where users may meet and interact with one another for their transactions. The platform is not and cannot be a party to or control in any manner any transaction between two users of the Website. Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty, or assurance with respect to any goods or services made available on the Website. Further, Platform does not guarantee, warranty, or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability are to provide You with necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other users of the Website (including the sellers listed on the Website) with respect to any dispute.
∙ Pursuant to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Platform may provide certain support services to facilitate the transactions between users of the Websites and such independent services may include listing management, payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform may engage independent third-party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under the public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability".
∙ You understand, agree and acknowledge that Platform uses third-party service providers to store and process Your personal information and other information which You provide to the Platform and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and/or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Platform. You agree and understand that Platform provides no guarantee, warranty or assurance that such third-party service providers will protect Your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform.
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
PRODUCTS
Terms of Offer: The Website offers for sale certain products (“Products”). The Products shall include trial products and the products offered free of cost. By placing an order for the Products through the
Website, you agree to the terms and conditions set forth in this T&C. The Products described on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to you that we believe, in our sole discretion, may result in the violation of our T&C.
The Platform may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability.
While describing our 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, colours, information or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to the pricing and availability of the Product or services. Please note that the Product pictures are indicative and may not match the actual Product.
Electronic Communications
When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records (Email, SMS, WhatsApp etc.) from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.
Service of Notice: The Registration Data and email ID or Your account details of the third-party website through which You register with the Website will be construed as Your 'designated electronic address' and the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.
Membership Benefits
As a registered member of Vegokynd, your address, email-id, and other delivery details become automatically saved in the "My Account" section of the Website, accessible only to you. You can track all your orders by logging in to the "My Account" section with the User ID and Password set by you. You can save items you are interested in, using the "My Wishlist" feature, for easy purchases. Further, if you choose to opt for our e-mail updates, all information regarding new additions to the Website by various sellers, as well as promotional schemes, will be e-mailed to you at regular intervals.
Your Account
You may create and hold one user account (“Account”) only. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your Account. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person.
If you are accessing, browsing and using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the T&C herein. In the event that the person refuses to be bound as the principal to the T&C, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Platform.
We reserve the right to refuse service and/or terminate accounts without prior notice if the T&C are violated or if we decide, in our sole discretion, that it would be in the Platform’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
Fees and Services
Membership and browsing on the Website is free. As per the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 an “E commerce marketplace may provide support services to sellers in respect of order fulfilment, call centre, payment collection and other services.” Accordingly, the Platform through various third party service providers engages in order fulfilment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page.
Taxes
You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Use of the Website
You understand and agree that Platform and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third-party user generated content and material. The Platform neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Platform has no control over the third-party user generated contents.
The Platform is not responsible for any damages resulting from use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) not to do or attempt to do any action 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, trolling, propaganda or otherwise unlawful in any manner whatever.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
1. You are solely responsible for Your Information, and the Platform and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
i. Belongs to another person and to which You do not have any right to.
ii. 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.
iii. Harm minors in any way.
iv. 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 or involve the sale of counterfeit or stolen items.
v. Violates any law for the time being in force.
vi. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature. vii. Impersonates another person.
viii. 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
ix. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
x. Is false, inaccurate or misleading.
2. You 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 manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
3. You shall not create liability for Platform or cause Platform to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
4. You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.
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 laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items 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.
Platform for Communication
The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website.
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 goods and services and after sales services related to goods and services. Platform does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Without prejudice to the foregoing, the Platform may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the Website.
Platform is not responsible for any non-performance or breach of any contract entered into between users. Platform cannot and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the Website. Platform shall not and is not required to mediate or resolve any dispute or disagreement between users.
Platform does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Platform does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Platform does not make any representation or warranty as to the attributes (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.
Platform is only providing a platform or venue for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with Platform nor shall Platform have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website.
Platform is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
You release and indemnify Platform and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Platform cannot 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, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
The function of the Platform is limited to providing access to a communication system over which information made available by You is transmitted or temporarily stored or hosted. The Platform observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf. The Platform does not:
∙ initiate the transmission;
∙ select the receiver of the transmission; and
∙ select or modify the information contained in the transmission.
Therefore, pursuant to the provisions of the Legal Metrology (Packaged Commodities) Amendment Rules, 2017, the responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.
Privacy
The Platform collects, stores, processes and use Your information in accordance with Platform Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Platform in accordance with the Privacy Policy.
Payment Facility
Platform may from time to time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users
i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
Chat Facility
The chat facility has been provided to help you with any and all Website related queries. Any use of this service shall be subject to the following conditions:
a. The Platform may suspend the chat service at any time without notice.
b. The Platform or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
c. Communication through chat may be stored by the Platform for future reference, and the user of such service will not have the right to access such information at any future date. d. While 'chatting', you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
e. The chat room shall not be used to sell any products, to give suggestions on business opportunities or any other form of solicitation.
You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
Breach
Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
∙ If you breach the User Agreement or any terms or policies of the Website. ∙ If your actions may cause legal liability for you, other users or Platform.
Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Selling
You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you
agree to refund any amounts that you may have received from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items 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 items or services so as to mislead other users in any manner. You shall inform the Platform at the time of listing your product and subsequent to the listing, of all the declarations as required under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009 to be displayed on the website and ensure that the declarations on the package of the product are duly complied with and regularly updated, as and when, there is a change therein.
Pricing and Availability
The Prices and availability of the Products, offers and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of the Platform. The prices displayed at the Website are inclusive of goods and sales tax (“GST”), but do not include a delivery charge. For all orders under ___________ delivery charge of INR _______ shall be levied.
Delivery
For order containing multiple Products, delivery may be made in multiple shipments. Delivery usually takes 5-7 business days from the date of order placement. Upon placement of the order, the estimated shipping and delivery timelines shall be available on order details page. The estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control. In the event, the Platform is unable to deliver the Product within the estimated delivery date due to any reason, you will be notified by an e-mail the reason for such delay. You will have the right either to cancel the ordered Product or wait for the Product to be delivered. Please note that your order will be cancelled due to: (i) unavailability of the Product ordered; or (ii) at your instructions, in the event of failure to deliver the Product on the expected time of delivery by our delivery partners. You agree that the Company/Platform shall not be liable to pay for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery.
Vegokynd Brand Protection Policy
Vegokynd.com “website” is an online marketplace and an intermediary as defined by applicable laws and facilitates online sale, by third party merchants and vendors who list their products on Vegokynd.com. Vegokynd is an intermediary and does not control the products sold on the website, however its at discretion in accordance to the applicable laws to remove content and products from the website if Vegokynd determines in its sole discretion that such products/content are in violation of Vegokynd policies or any applicable laws.
Vegokynd respects third-party Intellectual Property rights and actively supports the protection of all third-party Intellectual Property including Copyrights and Trademarks (“IP”). Vegokynd is committed to removing infringing products from the website. To facilitate this, Vegokynd has put in place an Infringement verification process so that intellectual property owners could easily report listings that infringe their rights.
A. Report of Violations of Your Intellectual Property Rights: If you believe that your IP right has been infringed by any of our sellers, you may follow the below process:
1. The Intellectual Property right owner or authorized agent provide the following details and email it to __________________________________. The email/takedown notice should contain the below information.
a. Identification or description of the copyrighted work/ trademark that has been infringed.
b. Clear identification or description of where the material that you claim is infringing is located on www.vegokynd.com with adequate particulars. Product ID / website links of infringing products (in case of copyright infringement).
c. Your address, telephone number, and email address.
d. A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
e. A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
f. Brand Name (in case of Trademark infringement).
g. Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments).
2. Once we receive the information, we will evaluate the contents of the notice and verify details.
3. We may take such action as we deem appropriate in keeping with our policies and applicable laws which may include, asking further details from you or taking down the content that was the subject matter of your notice.
4. Vegokynd assures a takedown of any listing that infringes third-party IP rights within 1 working day after being satisfied that:
a. Ownership of the intellectual Property has been established.
b. The infringer has been identified through proof of purchase or any other document.
c. The claim of infringement is based on objective and reasonable basis.
5. In the absence of the above, Vegokynd also delists products within 1 working day of compliance with any directions or order passed by court or any other relevant authority. Vegokynd strongly condemns counterfeiting and infringement of IP rights. Vegokynd prohibits the sale of such products on its website and penalises sellers who are found to be selling counterfeits on Vegokynd.com.
6. Exclusive or Selective Distribution: Vegokynd respects a manufacturer's/sellers right to enter into exclusive distribution agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the retailers, it would not be appropriate for Vegokynd to assist in enforcement activities.
Limitation of Liability
The Platform takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of this T&C. The Platform will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with this
T&C or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Website content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
You agree that, to the fullest extent permitted by applicable law, neither the Platform nor our affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Platform. We make no representations or warranties that defects or errors will be corrected.
This disclaimer constitutes an essential part of this T&C.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Indemnity
You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.
In Platform's sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
Other Complaints
In the event you have any complaints or concerns with respect to the website or our services, please contact our Customer Support at _____________________________.
Governing Law
This User Agreement and all the rules and policies contained herein and any of Your usage of the Website and Your dealings with Platform shall be governed and construed in accordance with the laws of India.
Waiver of Class Action Rights
By accepting the T&C, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with this T&C must be asserted individually.
Domestic Use
The Platform makes no representation that the Website or Products are appropriate or available for use in locations outside India. The users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment
You may not assign your rights and obligations under this T&C to anyone. The Platform may assign its rights and obligations under this T&C in its sole discretion and without advance notice to you.
By using this Website or ordering Products from this Website, you agree to be bound by this T&C. Survival
If any provision or provisions of these T&C shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Arbitration
If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified mutually. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Delhi. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
Other Terms & Conditions:
∙ You should be logged in as a Registered User of Vegokynd.com in order to use and avail the benefits of the E - coupons which are mapped to your User ID. Orders without logged-in status maybe cancelled.
∙ The offers/E-Coupons/Vegokynd Promotions are valid only for genuine customers who have received direct communication, in any form or manner, of such offer/E-Coupon/Vegokynd Promotion. Vegokynd reserves the right to cancel any orders placed by registered users using an E-Coupon, which is not directly communicated to the customer in any form or manner.
∙ Vegokynd reserves the right, at its sole discretion, to decide whether a customer is/was eligible to use an E- Coupon or not for the order placed.
∙ An E- coupons can be used by a customer only once.
∙ Offer will not be applicable on certain items and Gift Cards.
∙ Vegokynd reserves the right, at its sole discretion, to exclude certain items from the Offers/E-Coupons/Vegokynd Promotions offer, without prior intimation or communication. ∙ Vegokynd reserves the right, at its sole discretion, to cancel any order where it suspects the misuse of E - Coupons by using unlawful, unethical means, incorrect user information/details, duplicate emails, mobile numbers or addresses. The decision of Vegokynd will be final and binding in this respect.
∙ Vegokynd reserve the right, at its sole discretion, at any time to amend/change the terms and conditions of any E - Coupons and/or Vegokynd Promotions and/or offers provided thereunder.
∙ Any B2B orders under this offer will be canceled. The decision of Vegokynd will be final and binding in this respect.
Disclaimers
The Platform is not responsible for any typographical error leading to an invalid coupon. Platform does not guarantee that any one or more listings on the Website or the desired listings of the Users would have E-Coupon as the payment option. Platform is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupons, nor is the Platform is warranting or endorsing any product or services listed on the Website, nor warranting or verifying or guaranteeing the performance or conduct of any seller or of any third party. Platform shall not be liable for any lost or stolen E-Coupons and E-Coupons once issued shall not be reissued. Platform makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any E-Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of E-Coupons.
Limitation of Liability
Under no circumstances shall Platform’s liability exceed giving the User a replacement E-Coupon of the same nature and of the same value. These terms and conditions are subject to Indian laws and any dispute shall be subject to the jurisdiction of the courts in Delhi (India) only.
Vegokynd.com – Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under and the Consumer Protection Act,2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and the contact details of the Grievance Officer are provided below:
