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Your use of service is subject to your acceptance of and compliance with the
following terms & conditions ("Terms"). Please read them
carefully. By using any of our services and /or subscribing to it, regardless
of how you subscribe to or use the services, you agree that you have read,
understood and are bound by the Terms. All these Terms and various other
policies are binding as per the provisions of the Information Technology Rules,
2011 formulated under the Information Technology Act of 2000. In these Terms,
all references such as "you", "User" etc. 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 Kapsons Online Private Limited and its partners and/or affiliates.
1. An Introduction:
("Website") and its subdomains are an Internet based e-commerce and
content based portal licensed by Kapsons Online Pvt. Ltd., a company
incorporated under the rules of The Companies Act.
Use of the Website is offered to you on the condition of an 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. Kapsons.com at its sole
discretion reserves the right not to accept a User from registering on the
Website without assigning any reason thereof.
2. Services Offered Through The Website:
Kapsons.com provides a number of Internet-based services through the Web
Site. Out of all such services one service enables users to purchase original
merchandise such as clothing, footwear, cosmetics, toiletries and accessories
from various fashion and lifestyle brands (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. and
all of which are incorporated here by reference. In addition, these terms and
policies may be further supplemented by Product specific conditions, which may
be displayed on the webpage of that Product.
3. Security Of User Accounts & Password:
Upon completing the registration process on the website, you will receive a
password and user-id. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your account or password. You agree to (a) immediately notify
Kapsons.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. Kapsons.com cannot and will not be liable for any loss or damage
arising from your failure to comply with this clause 3.
The User hereby consents, expresses and agrees that he has read and fully
understands the Privacy
Policy of Kapsons.com. The user further consents that the terms and
5. User Undertaking And Limits:
The User agrees and undertakes not to reverse engineer, modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information or software obtained
from the Website. Limited reproduction and copying of the content of the
Website is permitted provided that Kapsons's name is stated as the source and
prior written permission from Kapsons.com is sought. For the removal of doubt,
it is clarified that unlimited or wholesale reproduction, copying of the
content for commercial or non-commercial purposes and unwarranted modification
of data and information within the content of the Website is not permitted.
6. 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
7. Representation and Warranty:
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 Kapsons.com.
8. Exactness and Appearance Not Guaranteed:
Kapsons.com hereby disclaims any guarantee of exactness as to the
finish and appearance of the final Product as ordered by the user. The quality
of any products, services, information, or other material purchased or obtained
by you through the Website may not meet your expectations. Alterations to
certain aspects of your order such as the merchandise brand, size, color etc.
may be required due to limitations caused by availability of product difference
in size charts of respective brands etc. In this instance you agree that
Kapsons.com will send an approval request via the email address, which you
submit while placing your order. If you do not agree with the requested change
you retain the right to reject the requested production change by replying to
it within 10 days of it being sent to you. Kapsons.com may re-request that you accept
a production alteration one additional time if an alternative method to send
your merchandise is available. If you reject this 2nd request your order will
be cancelled and you will be fully refunded via your initial method of payment.
9. Intellectual Property Rights:
10. Links To Third Party Sites:
The Website may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of Kapsons.com or the
Website and Kapsons.com is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Kapsons.com is not responsible for any
form of transmission, whatsoever, received by you from any Linked Site.
Kapsons.com is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Kapsons.com or the Website
of the Linked Sites or any association with its operators or owners including
the legal heirs or assigns thereof. The users are requested to verify the
accuracy of all information on their own before undertaking any reliance on
11. Limitation Of Liability & Disclaimer Of Warranties:Kapsons.com has endeavoured to ensure that all the information on
the Website is correct, but Kapsons.com neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data,
information, product or Service. In no event shall Kapsons.com be liable for
any direct, indirect, punitive, incidental, special, consequential damages or
any other damages resulting from: (a) the use or the inability to use the
Services or Products; (b) unauthorized access to or alteration of the user's
transmissions or data; (c) any other matter relating to the services;
including, without limitation, damages for loss of use, data or profits, arising
out of or in any way connected with the use or performance of the Website or
Service. Neither shall Kapsons.com be responsible for the delay or inability to
use the Website or related services, the provision of or failure to provide
Services, or for any information, software, products, services and related
graphics obtained through the Website, or otherwise arising out of the use of
the website, whether based on contract, tort, negligence, strict liability or
otherwise. Further, Kapsons.com shall not be held responsible for
non-availability of the Website during periodic maintenance operations or any
unplanned suspension of access to the website that may occur due to technical
reasons or for any reason beyond Kapsons's control. The user understands and
agrees that any material and/or data downloaded or otherwise obtained through
the Website is done entirely at their own discretion and risk and they will be
solely responsible for any damage to their computer systems or loss of data
that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless Kapsons.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 Kapsons.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.
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 Kapsons's discretion.
Title and risk of loss for all products ordered by you shall pass on
to you upon Kapsons's shipment to the shipping carrier.
16. Law Of Governance:
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 Mohali (Punjab).
If any provision of the Terms is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall
attach only to such provision or part of such provision and the remaining part
of such provision and all other provisions of these Terms shall continue to be
in full force and effect.
18. Report Abuse:As per these Terms, users are solely responsible for every material or
content uploaded on to the Website. Users can be held legally liable for their
contents and may be held legally accountable if their contents or material
include, for example, defamatory comments or material protected by copyright,
trademark, etc. If you come across any abuse or violation of these Terms,
please report to abuse@Kapsonsonline.com.