a) This document is an electronic record in terms of Information Technology Act, 2000 (21 of 2000) and rules made under Information Technology Rules of 2011and as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The domain name www.kiabza.com ("Website"), is owned and operated by KAYMAN VENTURES PRIVATE LIMITED, a Private Limited Company, registered under the provisions of the Company Act, 2013, and having its registered office at 46-55-56, Empire Building, 136/148, Dr. D.N road, Mumbai 400 001, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, partners, officers, agents and their successors and assigns (“Company”).
i) The term ‘You’, ‘User’ & ‘Guest User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
e) The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that this Policy read with the aforementioned Termsconstitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any facilities and services that is provided by the Website, and that the same shall be deemed to be incorporated into this Policy, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make the Terms & Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of the same.
The Company reserves the sole and exclusive right to amend or modify this Policy without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Policy. In so far as the User complies with this Policy, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website, and avail of the facilities and services provided therein.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
a) The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time on the Website, including but not limited to the User’s user name, passwords, email address, address(s), contact phone/mobile numbers, age, date of birth, sex, nationality, shopping preferences, browsing history, etc, as well as any images or other information uploaded/published by the User on the Website. The User is aware that this information will be used by the Company/Website to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the Website to make its user's experiences safer and easier.
b) The User is aware that the Company/Website may automatically track certain information about the User based upon the User’s IP address and the User’s behavior on the Website, and the User expressly consents to the same. The User is aware that this information is used to do internal research on user demographics, interests, and behavior, to enable the Company/Website to better understand, and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website, the URL which the User subsequently visits (whether or not these URLs form a part of the Website), the User’s computer & web browser information, the User’s IP address, etc.
c) If the User chooses to purchase products / avail of facilities & services from the Website, the User consents to allowing the Company/Website to collect information about the User’s buying behavior, preferences and trends.
d) If the User chooses to post messages / reviews / feedback anywhere on the Website, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company/Website as permitted by applicable laws.
e) The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company/Website, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User’s activities or postings on the Website, etc., may be collected and complied by the Company/Website into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
f) The User is aware that while he/she can browse some sections of the Website without being a registered user, certain activities (such as placing an order) require the User to provide valid personal information to the Company/Website as a ‘Guest User’ for the purpose of providing various facilities and services to the guest user(s) including delivery of goods ordered. The User is aware that the contact information provided to the Company/Website may be used to send the User offers and promotions, whether or not based on the User’s previous orders and interests, and the User hereby expressly consents to receiving the same.
g) The User is aware that the Company/Website may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like pin-code, age, income bracket, sex, etc.). The User is aware that this data to is used to customize the Website for the benefit of the User, and providing all users of the Website with products/services/content that the Company/Website believes they might be interested in availing of, and also to display content according to the User’s preferences.
h) The User is further aware that the Company/Website may occasionally request the User to write reviews for products/services purchased/availed of by the User from the Website, and also reviews of the users listing their products on the Website. The User is aware that such reviews will help other users of the website make prudent and correct purchases, and also help the Company/Website remove users whose products are unsatisfactory in any way, and the User hereby expressly authorizes the Company/Website to publish any and all reviews written by the User on the Website, along with the User’s name and certain contact details, for the benefit and use of other Users of the Website.
i) Nothing contained herein shall be deemed to compel the Website/Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorizes the Website/Company to remove from the Website any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
a) The User is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a User’s login identification, password, etc. The User is aware that the Website places both permanent and temporary cookies in the User’s computer's hard drive and web browser, and does hereby expressly consent to the same.
b) The User is further aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyze web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the User is free to decline the Website’s cookies if the User’s browser permits, the User may consequently be unable to use certain features on the Website
c) Additionally, the User is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the Website that are placed by third parties or affiliates of the Company/Website. The User expressly agrees and acknowledges that the Company/Website does not control the use of such cookies/other devices by third parties, that the Company/Website is in no way responsible for the same, and that the User assumes any and all risks in this regard.
4. SHARING OF PERSONAL INFORMATION
a) The User is aware that the Website/Company may share the User’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Website’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
b) The User is aware that the Website/Company may disclose personal information if required to do so by law or if the Website/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Company may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
c) The User is further aware that the Website/Company and its affiliates may share / sell some or all of the User’s personal information with other business entities only in the case/circumstances where the Company/Website (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is affiliated to the Website and is explicitly authorized by the Website to handle the information provided by the Website’s Users, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
6. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company/Website may use third-party advertising companies to serve ads to the users of the Website. The User is aware that these companies may use information relating to the User’s visits to the Website and other websites in order to provide customized advertisements to the User. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the User. The Company/Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.
7. USER’S CONSENT
By using the Website and/ or by providing information to the Company through the Website, the User consents to the collection and use of the information disclosed by the User on the Website in accordance with this Policy, including but not limited to the User’s consent the Company/Website sharing/divulging the User’s information, as per the terms contained hereinabove in Section 4 of the Policy.
8. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is; Mr. Mirza Ali Asgar; email: firstname.lastname@example.org
9. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and the Terms, and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Mumbai shall have exclusive jurisdiction over any disputes arising between the Parties.