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Terms and Conditions

Updated on 2021-04-01

Interpretation

General Terms

By accessing and placing an order with KMZee, You confirm that You are in agreement with and bound by the terms of service contained in the Terms and Conditions outlined below. These terms apply to the entire Website, Mobile Application which herein would be referred to as “Platform” and are owned by KMZee, and any email or other type of communication between You and KMZee.

KMZee grants You a revocable, non-exclusive, non- transferable, limited license to download, install and use Our Platform services strictly in accordance with the terms of this Agreement. These Terms and Conditions are a contract between You and KMZee (referred to in these Terms & Conditions as "KMZee", "Us", "We" or "Our").

You are agreeing to be bound by these Terms and Conditions. If You do not agree to these Terms & Conditions, please do not use any of Our Platform Services. In these Terms & Conditions, "You" or “User” refers both to You as an individual and to the entity You represent who has agreed to become a buyer on Our Platform by providing data while registering on the Platform as a Registered User. If You violate any of these Terms & Conditions, We reserve the right to cancel Your account or block access to Your account without notice.

As long as You comply with these Terms & Conditions, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By implicitly or expressly accepting these Terms and Conditions, You also accept and agree to be bound by KMZee Policies including but not limited to Privacy Policy as amended from time to time.

User Account and Security

If You use the Platform, You shall be responsible for maintaining the confidentiality of User Details that You use for Registering on the Platform as a Registered User and You shall be responsible for all activities that occur using them. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Platform.

You agree to immediately notify KMZee of any unauthorized use / breach of Your account and ensure that You exit from Your account at the end of each session.

A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

Trademark, Copyright and Restriction

All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on KMZee is solely for Your personal, non-commercial use.

You agree not to and You will not permit others to:

Without the prior written consent of the owner, modification of the materials, use of the materials on any other KMZee or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Services

KMZee provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise of KMZee such as clothing and accessories (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc.

We may cancel any order that classifies as ‘Fraud order’ under certain criteria at any stage of the product delivery. An order can be classified as 'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by KMZee:

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

Delivery Related - Our shipping partner Pickrr ensures a fast and effective delivery of Your Order within 1-5 working days depending on your address pincode. You agree and acknowledge that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Us within 48hrs from the alleged date and time of delivery of the product reflecting on the Platform. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. KMZee disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 48hrs from the alleged date and time of the delivery of the product reflecting on the Platform.

Payment

If You pay for any of Our one-time payment plans. You agree to pay all fees or charges to Your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Your Payment Provider agreement governs Your use of the designated account and You must refer to that agreement and not these terms to determine Your rights and liabilities with respect to Your Payment Provider. By providing us with Your card number and any associated payment information, You agree that We are authorized to verify information immediately, and subsequently invoice Your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. We reserve the right at any time to change the prices and billing methods. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by You. You are responsible for any third-party fees that You may incur when using the Service.

Please note that You can only use the KMZee Wallet amount to buy products from Your registered account on the Platform.

Purchase Policy

By placing an order or making a purchase from us, You agree to the terms along with Our Privacy Policy, Cancellation, Return, Exchange & Refund Policy, etc. If, for any reason, You are not completely satisfied with any good or service that We provide, don't hesitate to contact us and We will discuss any of the issues You are going through with Our product.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by You to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to You.

Your Consent

We've updated Our Terms & Conditions to provide You with complete transparency into what is being set when You visit Our Platform and how it's being used. By using Our service, registering an account, or making a purchase, You hereby consent to Our Terms & Conditions.

Links to Other Websites

Our service may contain links to other Websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Terms & Conditions of every site You visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party sites or services.

Cookies

We use 'Cookies" to identify the areas of the Platform that You have visited. A Cookie is a small piece of data stored on Your computer or mobile device by Your Web browser. We use Cookies to enhance the performance and functionality of Our service but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or You would be required to enter Your login details every time You visit Our Platform as We would not be able to remember that You had logged in previously. Most Web browsers can be set to disable the use of Cookies. However, if You disable Cookies, You may not be able to access functionality on Our Platform correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & Conditions

You acknowledge and agree that We may stop (permanently or temporarily) providing the Service (or any features within the Service: to You or to users generally at Our sole discretion, without prior notice to You. You may stop using the Service at any time. You do not need to specifically inform us when You stop using the Service. You acknowledge and agree that if We disable access to Your account You may be prevented from accessing the Service, Your account details or any files or other materials which are contained in Your account. If We decide to change Our Terms & Conditions, We will post those changes on this page, and/or update the Terms & Conditions modification date.

Updates to The Services

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to You.

We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the service. You agree that We have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to You. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party Websites or services ("Third- Party Services"). You acknowledge and agree that We shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or Us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Us, in the event that You fail to comply with any provision of this Agreement. Termination of this Agreement will not limit any of Our rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.

Copyright Infringement

If You are a copyright owner or such owner's agent and believe any material from us constitutes an infringement on Your copyright, please contact Us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) Your contact information including Your address, telephone number, and an email; (d) a statement by You that You have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury You are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold Us and Our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The service is provided to You 'AS IS" and 'AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, We, on Our own behalf and on behalf of Our affiliates and Our respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and make no representation of any kind that the service will meet Your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service; (ii) that the service will be uninterrupted or error-free; (iii) that the service, its servers, the content, or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of Us and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the service. To the maximum extent permitted by applicable law, in no event shall We be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if We have been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. so the above limitation or exclusion may not apply to You.

Severability

If any provision of this Agreement is held to be unenforceable or invalid. such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement together with the Privacy Policy and any other legal notices published by Us on the Services, shall constitute the entire agreement between You and Us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise. and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Entire Agreement

The Agreement constitutes the entire agreement between You and Us regarding Your use of the service and supersedes all prior and contemporaneous written or oral agreements between You and Us. You may be subject to additional terms and conditions that apply when You use or purchase other services from Us, which We will provide to You at the time of such use or purchase.

Amendments to this Agreement

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to You. You shall ensure to review these Terms & Conditions periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions.

Intellectual Property

Our Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, videos and audios, and the design, selection and arrangement thereof), are owned by Us, its licensors or other providers of such material and are protected by and international copyright trademark, patent trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Governing Law

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 courts, tribunals, fora, applicable authorities at Hyderabad. The place of jurisdiction shall be exclusively in Hyderabad.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR KMZee's INTELLECTUAL PROPERTY RIGHTS. The term 'dispute' means any dispute, action, or other controversy between You and Us concerning the Services or this agreement, whether in contract, warranty, tort statute, regulation, ordinance, or any other legal or equitable basis. 'Dispute’ will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, You or Us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to:

Binding Arbitration

If You and Us don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the specific country of sales. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that You submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, You expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Us without any compensation or credit to You whatsoever. We and Our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to. developing, manufacturing, and marketing products and services using such ideas.

Promotions

We may, from time to time, include contests, promotions, sweepstakes, or other activities (*Promotions) that require You to submit material or information concerning Yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not You are eligible to participate. If You enter any Promotion, You agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, We shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confined and You have been charged. If You have already been charged for the purchase and Your order is canceled, We shall immediately issue a credit to Your account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You. We operate and control Our Service from Our offices in India. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access Our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions (which include and incorporate Our Privacy Policy) contains the entire understanding. and supersedes all prior understandings. between You and Us concerning its subject matter, and cannot be changed or modified by You. The section headings used in this Agreement are for convenience only and will not be given any legal importance.

Disclaimer

We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall We be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

Under no circumstances shall the We be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data, arising out of the use, or the inability to use, the materials on the Platform, even if We or any of Our authorized representative has been advised of the possibility of such damages.

Contact Us

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Mr. Mohammed Abdullah Yaseen Azad

Designation: Founder & CEO

KMZee, Floor 1, Azad Residency, Meraj Colony, Tolichowki, Hyderabad, Telangana, India - 500008

Contact Us: support@kmzee.in

Phone: +91 89775 12857

Time: Mon - Thu (9:00 - 17:00)

Furthermore, You can reach out to Our support team to address any of Your queries or complaints by clicking the link, https://www.kmzee.in/support.