Terms and Conditions

INTRODUCTION

  • This website, i.e. http://kyari.in (“Website”) is operated by Kyari Innovations Private Limited, a company incorporated and existing under the Companies Act, 2013 and having its registered office at Plot – 20/2/5, Surya Industrial Estate, Sahibabad Industrial Area Site 4, Ghaziabad, Uttar Pradesh 201010 IN (hereinafter referred as “Kyari” or “us” or “we” or “our”) for providing products gadgets related to safety. These Terms (as defined below) were updated as on 6 October 2022.
  • These terms of use (“Terms”) govern the terms of usage of our Website. These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.

GENERAL

You can determine when these Terms were last revised by referring to the date at the top of these Terms. Kyari reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Website, you agree that you are using the Website solely at your discretion and in no way did Kyari induce or invite or solicit you to visit our Website. You should not modify or edit or alter or use any content from the Website in any manner to hamper the position of Kyari.

ELIGIBILITY AND CONSENT

By accessing the Website, the user(s), or the parent or legal guardian of the user(s) who are Minors (as defined below), as the case may be (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.

  • If the Users are minors, i.e. under the age of 18 (eighteen) years (“Minors”), such Minors must use the Website under the supervision of a parent or a legal guardian who agree to be bound by the Terms.
  • It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

USE OF WEBSITE
Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Website, which allows you to access and use the Website on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Website on the Devices solely for your own personal and non-commercial use.

  • Website:
    • The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.
    • The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.
    • The contents of the Website are best viewed with the latest version of Adobe Flash Player. Kyari’s Website is compatible only with the above-mentioned software’s or programmes. Kyari shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by Kyari or those instruments that may be purchased from any third-party which are not compatible with the Kyari’s Website.
    • Further, Kyari reserves the right to upgrade its Website from time to time to provide its service in the best possible manner.
  • Third-Party Links:
    • The Website may contain links to websites or applications offered by third parties (“Third-Party Sites”). We don’t control or promote Third-Party Sites. Your use of any Third-Party Sites is entirely at your own risk and we are not responsible for any of the consequences faced by you for using these Third-Party Sites. We are not responsible for the practices employed by any websites or service linked to or from our Website, including the information or content contained within them. Kyari does not make any representations concerning the privacy practices or policies or terms of use of such Third-Party Sites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, promotional advertisements or other materials available on such Third-Party Sites. The inclusion or exclusion does not imply any endorsement by Kyari of the Third-Party Sites, the Third-Party Sites’ provider, or the information on such Third-Party Sites.
    • Our Website may contain third-party content which may have opinions and views from the person. Kyari shall not be responsible for such opinions or any claims resulting from them. Such contents from the third-party have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third-party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third-party shall continue to vest with such party and you agree and acknowledge that Kyari shall not be liable and in no way be held responsible for any claims arising therefrom.
    • You hereby agree that Kyari has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website as it deems fit at any time without notice. Kyari makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that the Kyari shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Website.
  • Your Account:
    • The User may have to register with Kyari in order to access certain services or areas of the Website. With respect to any such registration, we may refuse to grant to you the User-name you request. Your User name and password are for your personal use only.
    • It shall be the sole responsibility of the User to maintain the confidentiality of their account, password, and to prevent unauthorized access.
    • In furtherance to the foregoing, any User who wishes to modify the details of his/her account can do so by clicking on the ‘Your Account’ section on the Website.
    • Lastly, the User acknowledges that they are using their account only for the purpose of placing orders of the products listed on our Website.

MODE OF PAYMENT 

  • Payment for the products available on the Website may be made by availing any of the following options (“Payment Methods”):
  • Payments can be made by Credit Card/Debit Card/ Paypal/Wallet/Net Banking/UPI/third-party payment gateways.
  • Credit Card, Debit Card, UPI, Net banking payment, and third-party payment gateway options are recommended to ensure faster processing of your order.
  • Cash on delivery option is not available for any products available on the Website.
  • The User understands that the User may incur certain fees or charges on such payment methods.
  • Kyari processes such payments through trusted and secured third party payment gateways to ensure safety of the transaction. Kyari does not save your financial information such as debit card/credit card information among others. Such information is saved by the third party payment gateways and is handled as per their own terms of service and privacy policy.
  • While availing any of the Payment Methods on the Website, we will not be responsible, whatsoever in any respect of any loss or damage arising to you directly or indirectly due to:
  • Lack of authorization for any transaction; or
  • Any payment issues arising out of the transactions; or
  • Decline of transaction for any other reasons.
  • The payment facility is merely provided by Kyari to facilitate the completion of the transaction.
  • The mere use of payment facility shall not render Kyari liable for the non – delivery, non – payment, damage, breach of representations and warranties, or fraud as regards to the products listed on Kyari’s Website.
  • The User accepts and agrees that the payment facility provided by Kyari is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment facility.

TRANSACTIONS

  • User Transactions
    • If you wish to purchase any product made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including but not limited to, your payment details (such as your payment card number and expiration date), billing address, and shipping information).
    • By submitting such information, you grant to Kyari the right to provide such information to third parties for purposes of facilitating the completion of Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
    • All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice.
    • Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.
    • The inclusion of any products on the Website does not imply or warrant that these products will be available in stock at all times for purchase.
    • It is your responsibility to ascertain and obey all applicable local, state, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product purchased from our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
    • Kyari reserves the right, with or without prior notice, to do any one or more of the following:
      • limit the available quantity of or discontinue any product;
      • impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion;
      • bar any User from making or completing any or all Transaction(s); and
      • refuse to provide any User with any product.
      • You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including but not limited to all shipping and handling charges, taxes.
      • Kyari or our associates may call or message regarding your account or Transaction(s). You agree that we may place such calls or messages using an automatic dialling/announcing device. You agree that we may make such calls or messages to a mobile or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us through our customer service facility. 
  • Limitations on quantity
    • Kyari does not offer additional discounts on large orders of a single product or multiple products at all times. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Kyari reserves the right to prohibit purchases of any products to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
  • Colour and Dimensions
    • Kyari strives to display as accurately as possible the colours and dimensions of the products shown on the Website; however, Kyari cannot and does not guarantee that your monitor’s display will be accurate.
  • Availability, Errors & Inaccuracies
    • Kyari’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of a product has been confirmed. Kyari makes a conscientious effort to describe and display its products accurately on the Website. Despite these efforts, a small number of products on the Website may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Website and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability.
    • Kyari, reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
  • Rules for Promotions
    • Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for any Promotion is in conflict with these Terms, the Promotion’s rules will apply.
  • Text Messages
    • Your carrier’s standard message rates will apply to your entry or submission message, Kyari’s confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider.
    • Kyari will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
    • Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Kyari as part of this service. Kyari may use this information to contact you and provide products you request from Kyari. Kyari may also use this information as described in the subscription list you’ve enrolled in. Kyari may use an automatic dialling system to deliver text messages to you.

RETURN AND REFUND

  • If you are not fully satisfied with your purchase of products sold by Kyari, you may exchange it in accordance with “Kyari’s Exchange Policy”.
  • Kyari does not provide refund on products. Please refer to Kyari’s Exchange Policy for more information.
  • User can access the Kyari’s Exchange Policy available at the Website.

SHIPPING POLICY

  • Upon confirmation of payment for the order (“Order(s)”) placed by the you, the Company directly ships any such Order via third party logistic partners. Your Orders are inspected thoroughly before shipment to ensure they are in a perfect condition.
  • After the Orders are shipped, the Users shall be issued a tracking ID against their Order. In case your Order is shipped through multiple shipments, a tracking ID shall be issued against each such shipment. We will provide the tracking details to the users once the product is shipped.
  • The Orders will be dispatched within 4(Four) – 6(Six) working days (excluding Sundays and public holidays) of confirmation of order and delivered within 7 (seven) – 8 (eight) working days from the date of dispatching such Orders. The users shall be duly communicated in case of any delay. If you are ordering our products during any sale event on our Website, shipment may be a bit delayed due to increased volumes. The Users must note that all the timelines are provided on an assumption basis and could change due to unforeseeable circumstances.
  • The shipping charges varies in accordance with the dimension, height, weight, and location of delivery of the Orders. The Users can view the levied shipping charges upon checkout.
  • Our delivery partners shall deliver the Orders on best effort basis, however, in case they are unable to deliver the same, the Orders shall be returned to the Company and the exchange option shall be given to the Customers in accordance with the terms of the exchange policy of the Company.

CANCELLATION

You can cancel your order at any time without any cost before the product is dispatched. Such cancellation request must be placed within normal business hours i.e. 10 a.m. – 7 p.m. In the event, a cancellation request has been placed after the business hours, it will be considered as a request placed on the subsequent day and Kyari shall not be liable if the Order is dispatched on the day of the receipt of such cancellation email after the business hours.

  • Please note that there may be a delay between the product’s dispatch and the delivery of dispatch confirmation e-mail to you. Kyari’s decision shall be final regarding the question of whether any ordered product has been dispatched prior to the cancellation of your order.

 

CONTENT

Kyari provides content on its Website which may be produced by us or by third-party. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

 

PRICING INFORMATION

  • Kyari strives to provide accurate and correct information at all times. However, sometimes errors may occur.
  • Kyari can only confirm the actual price of the order once the order is placed.
  • We hold the right to cancel your order if the price of the product and/or product information is inaccurately listed due to some technical error. However, this Clause would not apply in case the order has already been delivered.
  • In the event, where the price of the product and/or product information has been wrongly listed, Kyari will first contact you for instructions and only upon your explicit instruction to process the order, will Kyari deliver the order. In all other cases such an order shall be deemed to be not received.
  • Further, if we cancel the order and the payment for such order has already been made then such amount will be credited back to the source account subject to the Refund Policy of the Company.
  • Upon our sole discretion we may cease or discontinue listing a product on our Website. Further, we may also change the price and/or any other information about the product. Any such change may not be notified or intimated to you.

 

MISCELLANEOUS

  • Risk of loss
    • Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery by the carrier.
  • Jurisdictional Issues
    • The Website is controlled and operated by Kyari from Uttar Pradesh, and is not intended to subject Kyari to the laws or jurisdiction of any state, country or territory other than that of India. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

WARRANTY

  • Hardware Limited Warranty
    • Kyari warrants that all its products and accessories are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt.
    • Kyari-manufactured accessories, including, but not limited to: Pro-Stand; stick charger; carrying bag; cables; and wall mounts are covered under a limited 30-DAY warranty from the date of receipt.
    • If a valid warranty claim is received by Kyari within the warranty period, Kyari agrees to repair or replace the product which Kyari determines in its sole discretion to be defective under normal use, as defined in the product instructions.
    • Kyari’s sole responsibility under this warranty is to either repair or replace with the same or like product, at Kyari’s option. Kyari will undertake the repair, replacement, or exchange onetime during the warranty period.
    • This warranty does not cover hardware purchased from non-Kyari approved third- party resellers.
  • Exclusions and Limitations
    • A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes Kyari’s property. After the warranty period, Kyari may, at its sole option, repair or replace a product for a fee. A paid-for out-of-warranty repair or replacement product comes with the manufacturer’s limited warranty.
    • This warranty does not apply to any non-Kyari branded hardware or software, including mobile applications, even if such hardware or software are packaged or sold with Kyari hardware. Manufacturers, suppliers, and software providers other than Kyari may provide their own warranties. Please check with the applicable manufacturer, supplier, or software provider for further information.
    • This warranty also does not apply to and Kyari will not be responsible for any loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the product’s use; (b) damage caused by use with non-Kyari products like, chargers or other parts, components or accessories that are not manufactured or recommended by Kyari; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a product or part that has been repaired or modified by persons other than Kyari’s authorized personnel or without the written permission of Kyari; or (e) if any Kyari serial number has been removed or defaced.
    • To the extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, statutory, express or implied, as permitted by applicable law. Kyari specifically disclaims any and all statutory or implied warranties, including without limitation, warranties of merchantability, design, fitness for a particular purpose, arising from a course of dealing, usage or trade practice, warranties against hidden or latent defects, and warranties against patent infringement. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited to the other provisions contained in this warranty document.
    • The remedies provided for in the above warranty are expressly in lieu of any other liability Kyari may have. Kyari’s cumulative liability to any party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Kyari product will not exceed the purchase price paid to Kyari by for the product, notwithstanding third-party purchases. In no event will Kyari be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory, even if Kyari has been advised of the possibility of those damages or if those damages could have been reasonably foreseen, and notwithstanding any failure of essential purpose of any exclusive remedy provided in this warranty. Some local laws do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Any repair to or replacement of any product under this warranty may result in a loss of programs or data.
  • Release
    You agree to release and save Kyari harmless from any and all liability arising out of the deployment, use or misuse of the Kyari product, including any claims for damages and personal injuries. You agree to assume all risks of loss and all liability for any damages and personal injury which may result from the deployment, use or misuse of the Kyari product. Kyari is not liable for the failure of the Kyari product to perform and Kyari is not liable for any claims made by a third party or by you for or on behalf of a third party.

  • Product Registration
    To register your product, please go to http://kyari.in/product-registration. Registration of your product allows Kyari to contact you with important product notifications and provides a record in case of product loss or theft. Registration is voluntary and failure to register will not diminish your warranty rights.
  • Warranty Repair Procedure
    • If the product is not functioning properly, please follow the warranty repair procedure outlined in this document. To make a warranty claim, verify that your product is within its active warranty period. You can contact Kyari through the listed Whatsapp number or through listed email ID. Kyari will advise what parts need to be returned for repairs or replacement.
    • You are responsible for returning the product to: Plot – 20/2/5, Surya Industrial Estate, Sahibabad Industrial Area Site 4, Ghaziabad, Uttar Pradesh 201010; via prepaid postage. If You purchase outside the India, in order to comply with Indian government export restrictions, You are responsible for returning the product to the Kyari authorized distributor in the country where the product was purchased, and the authorized distributor will then return the product to Kyari or replace the product.
    • You must provide the following with the returned product in order to receive a 7–10 day processing time from the date of receipt of the returned product by Kyari:
      • Proof of purchase of the product (receipt, purchase order, or invoice);
      • Your name, physical address, and phone number of where to return the repaired or replaced item.
    • Failure to provide the required information for the returned product will delay the return of the repaired or replaced item. If you fail to provide the required information, then Kyari assumes no liability for loss of the returned product. Any product that has not been paid for, when required, or for which the required information has not been provided during a period of 90 days after receipt of the product by Kyari is deemed abandoned and Kyari may dispose of the product without any compensation or further notification to you.
  • This warranty supersedes any prior, contrary, or additional representations, whether written or oral. This warranty is Kyari’s only hardware warranty and may not be changed or enlarged by any agent, employee, distributor, dealer, or other person. This warranty is non-transferable.

 

PRODUCT WARNINGS

You are responsible for reading and understanding all warnings associated with Kyari products before purchasing or using such products. See http://kyari.in/legal for the most current Kyari product warnings.

 

IP RIGHTS

Kyari owns and reserves all right, title, and interest in Kyari products, related software, and suggestions to Kyari. Kyari has and claims proprietary rights in the hardware, software, firmware, and integration of ancillary materials, knowledge, and designs constituting Kyari products. You will not directly or indirectly cause any Kyari proprietary rights to be violated.

Unless otherwise specifically mentioned in these Terms, in addition to the content, all of the content available through the Website (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio, User content and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or respective third-party or licensed to us by a third-party (“Our Content”).

You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Website. Our name and logo ‘KYARI.’ and such others are our trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks, and logos or of the trademarks, service marks or logos of those other organisations.

 

CONFIDENTIALITY

As elaborated under the Privacy Policy, Kyari will keep all confidential information confidential, including your personal information, and shall not disclose it to anyone except as provided in the Terms and required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Kyari acknowledges that its employees, directors, associates and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. Kyari shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of these Terms of confidentiality.

 

PROPRIETARY RIGHTS

The Website is protected by copyright laws as well as other intellectual property laws as applicable. Kyari and its licensors shall retain ownership in and to the Website and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Website subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.

 

YOUR RESPONSIBILITY

You are responsible for (a) use of Kyari Products; (b) breach of these Terms or violation of applicable law and (c) a dispute between You and a third party over Your use of Kyari Products. 

 

PRIVACY POLICY 

The Users agree that they have read through the privacy policy (“Privacy Policy”) that is provided on the Website and have understood and agreed to the terms incorporated therein. The Users consent to the use of their personal and non-personal information by Kyari in accordance with the terms of as set forth in the Privacy Policy.

 

FEEDBACK AND SURVEYS 

Any feedback you provide on the Website regarding the listed products, through any surveys undertaken by us shall be deemed to be non-confidential. The Website shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Kyari is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from Kyari for the feedback or survey data under any circumstances, unless specified.

 

GENERAL

  • Delays: Kyari will use commercially reasonable efforts to deliver Products as soon as practicable. If delivery is interrupted due to causes beyond Kyari’s control, Kyari may delay or terminate the delivery with reasonable notice.
  • Force Majeure: Kyari will not be liable for any delay or failure to perform under these Terms due to a cause beyond Kyari’s reasonable control, including acts of God, labor disputes, industrial disturbances, utility failures, earthquake, storms, elements of nature, blockages, embargoes, riots, acts or orders of government, terrorism, or war.
  • Third-Party Beneficiaries: There are no third-party beneficiaries under these Terms.
  • Independent Contractors: The Parties are independent contractors. Neither Party has authority to bind the other. These Terms do not create a partnership, franchise, joint venture, You, fiduciary, or employment relationship between the Parties.
  • Export Compliance: Each Party will comply with all import and export control laws and regulations. And You will comply with all import and export control laws and regulations
  • Severability: If a court of competent jurisdiction holds any portion of these Terms invalid or unenforceable, the remaining portions of these Terms will remain in effect.
  • Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without Kyari’s prior written consent.

 

LIMITATION OF LIABILITY 

IN NO EVENT SHALL KYARI, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KYARI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF KYARI VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF ANY FEES/AMOUNT PAID BY THE USER TO KYARI. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

 

JURISDICTION 

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Delhi, India and the language used shall be English

 

GRIEVANCE REDRESSAL

  • Pursuant to the Consumer Protection (Direct Selling) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020 the Company shall acknowledge the User complaint within 48 (fourty-eight) hours of receiving such complaint and shall on a best effort basis resolve the User grievance within 1 (one) month of receiving such complaint. The User can track the status of complaint by calling on the number provided to the User along with the ticket number generated at the time of lodging such complaint
  • In the event, you want to report a grievance that you might have with our product and/or service or for any other general query, you may contact our customer care on the below-mentioned information:
    • Number: +91 9958276778
    • Email: info@kyari.in
  • In the event, the customer care does not acknowledge the receipt of the complaint and/ or query within 24 (twenty-four) – 36 (thirty-six) hours, you may contact the Grievance Officer. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
    • Name: Ms. Smratika Sharma, Kyari Innovations Private Limited
    • Address: Plot – 20/2/5, Surya Industrial Estate, Sahibabad Industrial Area Site 4, Ghaziabad, Uttar Pradesh 201010
    • Contact: +91 9958276778
    • Email ID: smratika@kyari.in  Time: Mon – Fri (10:00 – 18:00)