Terms of Service: India

**Regarding orders outside of India, please read here.**

 

Attention: Please read these Terms of Use (“Terms’) carefully before using this website (“Site”). Using this site indicates that you have read and accepted these terms. If you do not accept these terms, you are not authorized to use this site. These terms govern your use of this site, any content (such as text, data, information, software, graphics, or photographs) that Kaiterra India (collectively “KTI”) may make available through the site (collectively, “Services”). The site, materials, and services are referred to in these terms collectively as the “KTI Websites.”.

KAITERRA INDIA (“KTI”) in association with Roy Imaging LLP. (“Service Provider”), A7/94 Phase 5, Near Mother Mary School, Aya Nagar, Delhi – 110047, provides you the Kaitera Online store (‘Store’ or ‘KTI Website’) services subject to the notices, terms, and conditions set forth herein. In addition, when you use any KTI Online store service, you may be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and may be incorporated by reference. KTI reserves the right to change the services provided through the KTI online store and/or these terms and conditions at any time. KTI retains the right to deny access to anyone whom we believe has violated these terms and conditions. Service Provider is a KTI authorized distributor and shall be responsible for accepting your orders, collecting payments and supplying the listed products or services as per your order.

Role of KTI and Service Provider

The KTI online portal is developed, maintained and updated by KTI. The process of payment authorization and receipt, order acceptance and fulfillment, and other physical portions of a transaction are managed by the Service provider. As stated, Service Provider shall be solely responsible for fulfillment of all orders successfully placed through the Store including but not limited to invoicing, payment processing and product delivery to customers. In no event shall KTI, its affiliates, directors, officers, agents, consultants or employees, etc. be liable for any purchases made through the KTI Online store. You hereby to the fullest extent permissible waive any and all claims that you may have against KTI and its Representatives arising as a result of or in relation to the KTI online store or purchases made through the KTI Online store including, inter-alia, claims relating to payment and delivery of the products.

Other Agreements; Software, Services or Access

KTI may provide services (such as hardware maintenance or repair or software installation, or training) or access to KTI Websites under the terms of a separate agreement between you and KTI (each, an “Other Agreement”). KTI’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

Information Errors

Neither KTI nor Service Provider undertakes that the information on the Store is correct or accurate at all times. In the event of information regarding a product being found incorrect due to any reason whatsoever, Service Provider shall have the right to refuse or cancel any orders placed for such product(s). If your credit card has already been charged for such a canceled order, Service Provider shall issue a refund of the transaction through your original mode of payment to a maximum extent of the original amount paid.

Modifications to These Terms

KTI may, in its sole and absolute discretion, change these Terms from time to time. KTI will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the KTI Websites. Continued use of the KTI Websites following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Standard Warranty

All the materials and products and services, included on or otherwise made available to you through the Store shall be covered by a standard product warranty offered by the manufacturer. The products are provided “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Nothing on this website constitutes or is meant to constitute, advice of any kind and you are requested to perform independent analysis before ordering the products. In case of any manufacturing defect that is identified during the Warranty period, the customer should contact the KTI Service Center with the following details:

Details of the product owner, invoice, product code, product serial number and the symptoms associated with the failure.

If you transfer a product to another user, the warranty service will be available to that customer for the remainder of the warranty period.

It is your responsibility or that of the person receiving the goods on your behalf to ensure that the package is properly sealed and not tampered with.

Limitation of Liability

The liability, if any, of Service Provider and KTI towards a user under this Agreement shall be limited to the amount payable by User to the Service Provider. Neither Service Provider nor KTI shall be liable for any indirect, special or consequential costs or damages of whatever nature, including but not limited to, lost revenues or profits, downtime costs, loss or damage to data or other intangible losses, arising out of or in any way connected with the use of this Website, Products and/ or the services and/ or the Agreement or with the delay or inability to use this Website, or for any information, materials and/ or Products uploaded, posted, emailed, transmitted and/ or obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise. This provision does not limit either party’s liability for unauthorized use of intellectual property, nor any liability which may not be excluded or limited by applicable law.

Indemnity

User shall at all times fully indemnify and hold harmless KTI, Service Provider, their officers, directors, agents, employees, and associate companies, from any and all costs, losses, claims, demands, damages and liabilities ,actions including costs and reasonable attorneys’ fees, made by any third party and/or penalty imposed, due to and/or arising out of User’s breach of the Terms & Conditions and/or User’s violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and online defamation, and/or any third party using the User’s account, of any intellectual property and/or other right of any person and/or entity.

Governing Law and Jurisdiction

The transactions on this website shall be governed by, construed, interpreted, and enforced in accordance with the laws of India. Specific performance and damages any other disputes arising in respect hereto shall be subject to the exclusive jurisdiction of the courts of Delhi.

Force Majeure

KTI and Service Provider shall not be liable for any failure and/or delay on their part in performing any of its obligations under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of KTI and/or Service Provider, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of KTI and/or Service Provider hereto which prevents timely fulfillment of obligation of KTI and/or Service Provider.

Cancellations

KTI reserves the right to cancel the order at its discretion (with/without prior customer intimation) depending on the availability of products.