Effective Date: April 1, 2020
Website Covered: www.babyorgano.com
THE AGREEMENT: The use of this websites and services on this website provided by ‘Kayaan Enterprise’ (hereinafter referred to as “Owner”) are subject to the following Terms & Conditions (hereinafter the “Terms of Service”), all parts and sub-parts of which are specifically incorporated by reference here. Following are the Terms of Service governing your use of www.babyorgano.com (the “Website”), all pages on the Website and any services provided by or on this Website (“Services”).
By accessing either directly or through a hyperlink, the Website, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms of Service including those additional terms and conditions and policies referred herein and/or available by the hyperlink. These Terms of Service apply to the users of the site, including without limitation to vendors, buyers, customers, merchants, browsers and/or contributors of the content.
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Kayaan Enterprise, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, or as the User or Client. For the purpose of these Terms of Service, the term “User” or “You” shall mean any natural or legal person who is accessing the Website. The term “Your” shall be construed accordingly.
c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT AND ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Service to You if You assent to these Terms of Service. Further, based on the Service obtained by the User, additional terms and conditions in respect of specific Services may apply, which shall be deemed by an agreement between the Users and the Owner.
3) ABOUT THE SITE
The Website is an online store which carries out the sale of the following: Baby care and Mother care products. We reserve the rights to refuse service or reuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.
4) LICENSE TO USE WEBSITE
The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services (“Owner Materials”). Subject to these Terms of Service, the Owner grants You, a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation to use of the Website or Services or at the termination of these Terms of Service.
You agree not collect contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by You shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measure used the Owner to prevent or restrict access to the Website.
5) INTELLECTUAL PROPERTY
You agree that Website and all Services provided by the Owner are the property of the Owner, including all Copyrights, Trademarks, trade secrets, patents and other intellectual property (“Owner IP”). You agree that the Owner owns all right, title, and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful and infringement purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registrations of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without expressing written permission from the Owner.
6) USERS OBLIGATIONS
As a user of the Website or Services, You may ask to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of the information. This identifying information will enable You to use the Website and Services. You must not share identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us in writing immediately. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide Us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
7) PAYMENT & FEES
Should You register for any paid Services on this website or purchase any product or service on this website, You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts (“Fees”) will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to purchase.
We reserve the right to refuse service of refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
8) ACCEPATABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purchase prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Owner.
a) You further agree not to use the Website or Services:
- i) To harass, abuse or threaten others or otherwise violate any person’s legal rights.
- ii) To violate ant intellectual property rights of the Owner or any third party.
- iii) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
- iv) To perpetuate any fraud.
- v) To engage in or create any unlawful gambling, sweepstakes or pyramid scheme.
- vi) To publish or distribute any obscene or defamatory material.
- vii) To publish or distribute any material that incites violence, hate, or discrimination towards any group.
- viii) To unlawfully gather information about others.
b) You are prohibited from using the site or its content:
- i) To spam, phish, pharm, pretext, spider, crawl, or scrape
- ii) To interfere with or circumvent the security feature of the Service, or any related website, other websites or the Internet.
The company has the full authority to review all content posted by Users of the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the Website and You are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you don’t have a right to make it available (such as, the intellectual property of another party).
You agree to comply with all applicable laws, statutes, and regulations concerning your ue of the Website and further agree that you will not transmit any information, data, texts, files, inks, software, chats, communication or other materials that is abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially objectionable, including without limitation material of any kind or nature that encourages conduct that can constitute a criminal offense, give rise to a civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that each time You use the Website in any manner, You agree to these Terms. By agreeing to these Terms, You acknowledge that You are interested in availing and purchasing the products or services that You have selected and consent to receive communication via phone or electronic records from the Website including e-mail messages telling you the products and services offered by the Websites (or its affiliates and partners) and understanding your requirements. Communications can also be by posting nay notices on the Website. You agree that the communications sent to You by the Website shall not be construed as Spam or bulk under any law prevailing in any country where such communication is received.
10) SALE OF GOODS/SERVICE
The Owner does not allow any third party to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the reliability of any product and You acknowledge and agree that You purchase such products at Your own risk.
11) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for ant items You may purchase from Us and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information You provided to Us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to conforming a sale and We reserve the right to place any additional restrictions on the sale of any of Our products.
Shipment costs and dates are subject to change due to any unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in timely manner at the following e-mail address: [email protected]
Please note considering the sensitivity and hygiene level of Our products, Products are NOT returnable in any case, until and unless they get damaged, broken or tampered during transit. In this case, products can be replaced with no extra cost bearable to You. However, the replacement of broken, damaged or tampered products should be initiated with no less than 48 hours of receipt. Otherwise, You acknowledge that no queries related to the same shall be entertained by Us, thereafter. Final decision of product replacement will remain with us.
12) DATA LOSS
The Owner does not accept the responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk
13) SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner’s Services for illegal Spam activities, including gathering email address and personal information from others and sending mass commercial emails.
14) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This agreement supersedes and replaces all prior or contemporaneous agreements, or understandings, written or oral, regarding the use of this Website.
15) TERM, TERMINATION AND SUSPENSIONT
The Owner may terminate these Terms of Service with You at any time for any reason with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein. If You have an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding payment or fees will still be due even after the termination of Your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall be in full force and effect.
16) Cancellation & Refund
We are dealing into baby care product hence we do not provide cancellation and refund. We only provide refund in case of product is broken or damaged when received. We prvoide refund within 10 working days.
17) NO WARRANTEE/GUARANTEE
You agree that Your use of the Website and Services at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Owner also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Owner is not liable for any such damage or loss.
The Website shall not be responsible for any interaction between you and other users of the Website. Under no circumstances will the Website be involved in any disputes between you and other users of the Website or between You and any other third parties.
The Website has no liability if the product causes any damage to You and You agree that the purchase is a sole discretion of Your and in no case, the Owner is liable to make any refund thereto.
You accept all responsibility for, and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties.
18) LIMITATION OF LIABILITY
The Owner is not liable for any damages that may occur to You as a result of Your use of the Website or the product.
19) GENERAL PROVISIONS
a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website or Services, You agree that laws of the India shall govern any matter or dispute relating to or arising out these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with an exception of its conflict of law provision In case of any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
Kayaan Enterprise (BabyOrgano)
1102, Abhishree Adroit, Near Mansi Circle,
Vastrapur, Ahmedabad – 380015, Gujarat, India
Email: [email protected]