INTRODUCTION:
mykalonlife.com (“Website”) is an online service owned, operated and managed by Kalonlife International India Pvt. Ltd. (“Kalonlife” or “we” or “us”). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (“User Agreement”), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
OWNERSHIP AND USAGE RIGHTS:
The content on this website, including text, images, logos, software, and other materials, is owned by Kalonlife or its licensors and is protected by copyright and other intellectual property laws. All rights to this content, including trademarks and service marks, are reserved. Access to this website does not grant you any rights to use or exploit the intellectual property contained herein without prior permission from Kalonlife.
You are granted limited access to view, copy, and store content from this website solely for your personal, non-commercial use. Any other use, including modifying, distributing, reproducing, selling, or creating derivative works from the content, is strictly prohibited without explicit permission from Kalonlife. This includes the use of any software or materials on the website, which remain the property of Kalonlife or its suppliers and licensors.
ACCURACY OF CONTENT AND INVITATION TO OFFER:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Kalonlife prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have provided us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
GENERAL TERMS OF USE:
- Being eligible to use and by using the Website by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;
- User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the Kalonlife and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
- The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
- All offers on Products shall be for limited stocks and are for limited period(s). Kalonlife may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
- We don’t run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user’s explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
- Expected delivery time as mentioned on website may vary than the usual time of delivery;
- Cancellation by Kalonlife: There may be certain orders that Kalonlife is unable to accept and must cancel. Kalonlife reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes, without limitation, technical errors, unavailability of the stocks of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Kalonlife’s credit and fraud avoidance department. Kalonlife’s decision of cancellation of order shall be final and Kalonlife shall not be liable for such cancellation(s) whatsoever;
- Kalonlife may also require additional verifications or information before accepting any order. Kalonlife will contact the User if all or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User’s credit card account;
- Cancellation by the User: In case of requests for order cancellations, Kalonlife, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Kalonlife receives a cancellation notice and the order has not been processed/ approved by Kalonlife, Kalonlife shall cancel the order and refund the entire amount to User within a reasonable period of time;
- Kalonlife will not be able to cancel orders that have already been processed, it is pertinent to note that the Kalonlife has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the Kalonlife is acceptable to User and User shall not create any dispute on the decision taken by Kalonlife on cancellation;
- Kalonlife reserves the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
- These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Hyderabad (India) only.
QUANTITY RESTRICTIONS:
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
INDEMNITY:
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Hyderabad. All disputes will be subject to arbitration in Hyderabad in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.
You agree to defend, indemnify and hold harmless Kalonlife, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Kalonlife or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
ELIGIBILITY TO USE:
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion.
REFUSAL OF SERVICE:
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
FINANCIAL DETAILS:
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
COMMUNICATION:
By interacting with our Website or services, you consent to receiving both transactional and promotional communications from us electronically. This includes, but is not limited to, information about our products, services, sales promotions, newsletters, updates, and communications related to our business partners or other companies in our group. These communications may be sent via email, SMS, or through notices posted on the Website.
When you visit our Website or send us emails, you are engaging in electronic communication with us, and you consent to receive communications from us in this manner. We will primarily communicate with you by email or through notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically fulfil any legal requirement for such communications to be in writing.
Additionally, when you provide us with your phone number (e.g., with your shipping address or when requesting a call back), you consent to receiving calls related to your order or request, as well as any other communication pertinent to the site or your interactions with us.
OBJECTIONABLE MATERIAL:
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
TERMINATION:
This User Agreement is effective unless and until terminated by either you or us. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Kalonlife. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
WEBSITE SECURITY:
You are prohibited from violating or attempting to violate the security of the Website, including but not limited to the following actions:
- Accessing data not intended for you or logging onto a server or account to which you are not authorized;
- Attempting to probe, scan, or test the vulnerability of any system or network, or breaching security or authentication measures without proper authorization;
- Interfering with service to any other user, host, or network, including by submitting viruses, overloading, ‘flooding,’ ‘spamming,’ ‘mail bombing,’ or ‘crashing’ the Website;
- Sending unsolicited emails, including advertisements or promotions of products and services.
You also agree not to use the Website in any way that could damage it or interrupt its availability, including transmitting or posting computer viruses. While we strive to ensure the Website’s functionality, we cannot guarantee it is free from viruses or that it will always be available. You should take your own precautions regarding virus protection and be aware that we are not liable for any damage, loss, or disruption caused by viruses, or if the Website becomes unavailable for any reason.
LIABILITY:
Kalonlife’s liability is strictly limited to the replacement of the same product or an alternate product of equal value. We accept no responsibility for any loss, damage, or inconvenience resulting from the use of our online service, the goods supplied, or any orders placed through our website, except as required by law. This includes any losses that could have been foreseen or brought to our attention. By placing an order, you acknowledge that it is at your sole discretion, and you accept full responsibility for thoroughly reviewing the product’s features, characteristics, and usage before making a purchase. Kalonlife shall not be liable for any damages or losses, whether direct, indirect, or consequential, arising from the use of the product, whether for domestic or international orders.
FORCE MAJEURE:
We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, import or export regulations, exchange control regulations or accident or non-availability/ delay in transport, pandemics, strikes, or other unforeseen global events that may affect delivery timelines and business operations.
ENTIRE AGREEMENT:
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.