Terms & Conditions
Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions (“Terms”). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000. In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Klingaru.com and its affiliates & vendors.
a) www.klingaru.com(“Website”) is an Internet based content and marketplace by Infogravity Solutions Private Limited, a company incorporated under the laws of India. b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Klingaru.com at its sole discretion reserves the right not to accept a User from registering on the website without assigning any reason thereof. 2. User Account, Password, and Security: You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Klingaru.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Klingaru.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Services Offered:
Klingaru.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase baby carriers such as ring slings, mei tais, wraps and SSC from various vendors (collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
5. User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not: (a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents; (d) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; (e) Conduct or forward surveys, contests, pyramid schemes or chain letters; (f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; (g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (h) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; (i) Violate any applicable laws or regulations for the time being in force in or outside India; and (j) Violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
6. User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Klingaru.com.
a) Klingaru.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. b) Not withstanding Section 15.a above, these Terms will survive indefinitely unless and until Klingaru.com chooses to terminate them. c) If you or Klingaru.com terminates your use of the Website or any Service, Klingaru.com may delete any content or other materials relating to your use of the Service and Klingaru.com will have no liability to you or any third party for doing so. d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
Title and risk of loss for all products ordered by you shall pass on to you upon Klingaru.com’s shipment to the shipping carrier.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Klingaru.com’s discretion.
You agree to indemnify, defend and hold harmless Klingaru.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Klingaru.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
11. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Indore, MP.
12. Unless due to Your negligence, in the event the Vendor fails to complete a sale of a product or a service when presented by You with a valid Voucher or otherwise, You acknowledge that the vendor will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, you agree that Klingaru will not be held liable for failure of the Vendor to make available any product or service therein.
You agree to indemnify, defend and hold harmless Klingaru from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Klingaru that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website. In no event shall Klingaru, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Klingaru has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Klingaru’s entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises. Klingaru shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User. DISCLAIMER: (CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. KLINGARU MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND KLINGARU DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. KLINGARU ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU. KLINGARU SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND KLINGARU SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.