Terms of Use Relating to Your Use of Kydsmart.com
Last Revision: 27 February 17, Kolkata, India

1) Introduction and Terms of Use

The terms and conditions contained hereinafter (“Terms of Use”) shall apply to the use of the domain name kydsmart.com ("Website") that is owned by the Gariddhi E-serve Private Limited (“GEPL” or “we” or “our” or “us”).

 Any person logging on to or using the Website (even when such person does not make any purchase from the Website) (“User” or “you”) shall be presumed to have read these Terms of Use (which includes the Disclaimer and Privacy Policy, separately provided on the Website) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and GEPL (“Agreement”). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with GEPL for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

For the purpose of these Terms of Use, wherever the context so requires the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf himself or any other legal entity.

It is clarified that the Disclaimer and the Privacy Policy, that are provided separately, form an integral part of these Terms of Use and should be read in conjunction. Illegality or unenforceability of one or more Terms of Use shall not affect the legality and enforceability of the other terms of the Website.

2) Eligibility

Any person who is above 18 (eighteen) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or purchase any product displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, that you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 (eighteen) years, you may use the Website only with the involvement of a parent or guardian.

The User represents and warrants that it will be financially responsible for all of User's usage (including the purchase of any product) and access of the Website. The User shall also be responsible for use of User's account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

3) Account and Registration

You are responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at care@kydsmart.com.

You also agree and confirm that you will:

(i)            provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s registration form (“Registration Data”).

(ii)           maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and to refuse to provide you access to the Website.

(iii)          indemnify and keep us indemnified from and against all claims resulting from the use of any detail/information/ Registration Data that you post and/or supply to us. We shall be entitled to remove any such detail/information/Registration Data posted by you without any prior information.

(iv)          in order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data you have supplied to us.

4) Privacy

Any information that you provide to us during the registration process or otherwise, will be protected in accordance with our privacy policy (“Privacy Policy”) that has been separately provided on the Website. You are requested to review the Privacy Policy before using the Website. If you have any objection to the terms of our Privacy Policy, you are requested not to use the Website.

5) User Liability

The User, by the act of logging onto the Website and/or submitting information to GEPL (through the Website or through phone, fax or e-mail of GEPL provided on the Website) is deemed to have consented to and has expressly/impliedly and irrevocably authorized GEPL to use, reveal, analyze, display or transmit all information required by GEPL. The User represents and warrants that all the information provided by him/her are true, correct and complete and if such information is found to be untrue, incorrect or incomplete, GEPL has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations.

The User is prohibited from using the Website in a manner that might damage, disable or overburden the Website. The User is further prohibited from obtaining any information through secondary means which is not available on the Website.

6) Licence for Website Access

GEPL grants you a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of GEPL and / or its affiliates, as may be applicable.

This licence does not include any right to

  1.  resale or commercially use this Website or any of its contents;
  2. to collect and use of any product listings, descriptions, or prices;
  3. to derivatively use this Website or its contents;
  4. to download or copy any account information for the benefit of another seller; or
  5. to use data mining, robots, or similar data gathering and extraction tools.

The information provided on the Website is an exclusive property of GEPL and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute the same or any part of the Website without the express permission of GEPL. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising GEPL's or its affiliates' names or trademarks without the express written consent of GEPL and / or its affiliates, as applicable. Any unauthorised use of the Website shall terminate the permission or license granted by GEPL and / or its affiliates, as applicable.

7) Representations, Warranties and Covenants

You shall not, directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.

You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information 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, pedophilic, seditious, libelous, 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;

(iii)harms minors in any way;

(iv)infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;

(v)violates any law for the time being in force;

(vi)deceives or misleads the addressee 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;

(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 to any other nation;

(x)creates liability for GEPL or causes GEPL to lose (in whole or in part) the services of GEPL’s ISPs or other service providers;

(xi)is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or

(xii)is illegal in any other way.

The User understands and agrees that GEPL reserves the right to remove and/or edit such detail / information.

If you do post content or submit material, and unless we indicate otherwise to you in writing, it shall be deemed that you

  1. grant GEPL and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;
  2. grant GEPL and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose; and
  3. agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to any usage or derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to GEPL, including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to the Website:

  1. the content and material is accurate;
  2. the use of the content and material supplied by you does not breach any applicable policies of the Website or any guidelines herein and will not cause injury to any person or entity (including that the content or material is not defamatory);
  3. the content is lawful and does not violate any applicable laws.

You further agree to indemnify GEPL and its affiliates for all claims brought by third parties against GEPL or its affiliates arising out of or in connection with a breach of any of the representations and warranties provided hereinabove.

8) Complaint against Objectionable Content

If you believe that any content on the Website is illegal, offensive (including but not limited to material that has sexually explicit content or which promotes racism, bigotry, hatred or physical harm etc), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately on ceo@kydsmart.com. We will take reasonable steps to ensure that such Objectionable Content complained about is reviewed and removed (if required) within a reasonable time.

9) Intellectual Property Rights

The information, content and compilation provided in the Website is our exclusive property and is protected under the applicable Indian and international intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute any contents of the Website or any part thereof without our express written permission.

Further, without the express written consent of GEPL or its affiliates, no person shall create and/ or publish his/her own database that features substantial (e.g. prices and product listings) portions of the contents of this Website

10) Intellectual Property Claims

GEPL and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please bring it to our notice by sending an email at ceo@kydsmart.com. We will envisage to address your concerns and take necessary steps, if required.

11) Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We will communicate with you by e-mail, phone calls, SMSes or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding anything contained in this Agreement and subject to applicable laws, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website.

12) Force Majeure

We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay shall be result of or arising out of a Force Majeure Event, as defined hereunder.

Explanation: “Force Majeure Event” means any event that occurs due to any cause beyond the reasonable control of GEPL, including, but 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 including change in law, governmental orders or restrictions breakdown and/or hacking of the Website, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of GEPL hereto which prevents timely fulfilment of obligation of GEPL’s hereunder.

13) Indemnity and Release

You shall indemnify and hold harmless GEPL, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any applicable laws, rules, regulations or the rights of any third party.

You hereby expressly release GEPL and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors/sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

14) Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that are not reasonably foreseeable to by us when you commenced using the Website.

15) Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our Website, policies and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the Website or order any goods from us, unless any change in those policies or these terms are required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these terms are deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining condition of this Terms of Use.

16) Waiver

Neither failure nor delay on the part of GEPL or its affiliates to exercise or enforce any right, remedy, power or privilege contained hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms of Use shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

17) Governing law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Kolkata (West Bengal) shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.

Our Contact Details

You could contact us by sending an email to ceo@kydsmart.com or contacting our customer care at + 91 33 6500 6464

Disclaimer

1) General

You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

2) No warranties

We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

  1. this Website will be constantly available, or available at all; or
  2. the information on this Website is complete, true, accurate or not misleading.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind. While we strive to ensure that the information contained in this Website is accurate and reliable, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and we assume no liability or responsibility for any omission or error in the content of this Website. The information and materials contained on this Website are subject to change without notice and are provided for general information only and should not be used as a basis for making business or financial decisions.

Despite our best efforts to provide accurate information on the Website, it is not possible to ensure that all the information provided here is up to date. We shall not be liable for any unintentional inaccuracies or errors with respect to the description of any product. Further, no liability shall be imposed on us, in the event of any damage, error, injury or loss caused to any person or User, whether direct or indirect, caused to him due to use or inability to use the Website or any links or hyperlinks provided on the Website. The usage of any link or hyperlink by any Visitor will be at his/ her own risk and we assume no liability for any damage caused. We recommend that the Users read the terms and conditions of such link(s).

The contents, designs, materials, etc. available on this Website may be protected by copyright law. You may not otherwise change, reproduce, modify, distribute, publicly display the materials available on this Website in any way, unless authorized by us or the respective copyright owner(s).

3) Limitations of Liability

We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  1. to the extent that the Website is provided free-of-charge, for any direct loss;
  2. for any indirect, special or consequential loss;
  3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
  4. for any errors in or omissions on this Website and the content therein, including but not limited to technical inaccuracies and typographical errors;
  5. for any third-party Websites or content therein directly or indirectly accessed through links in this Website, including but not limited to any errors in or omissions therefrom;
  6. for your use of this Website; or
  7. for your use of any equipment or software in connection with the Website.

These limitations of liability apply even if we have been expressly advised of the potential loss