These Terms of Use (“Terms”) set forth the terms and conditions as applicable to a Buyer or a User (“you” or “User(s)” or “Buyer(s)”) accessing or browsing the Platforms offered by Koffeetribe Technologies Private Limited (“KTPL” or “we” or “us”), which include the (i) the website of KTPL- www.creco.in (the “Site”) or (ii)the KTPL mobile application (the “CreCo App” or the “App”) (hereinafter collectively referred to as “Platforms”), for the purpose of purchasing products and services listed on the Platforms.
The Terms shall be applicable from the Effective Date as defined hereunder.
By creating an account or registering with KTPL on either of the Platforms, you agree to be bound by (i) these Terms, (ii) our Privacy Policy, which is incorporated by reference into these Terms, and (iii) any other terms as may be disclosed to you if access the Platforms or make a purchase of any products or services offered on these Platforms.
We may make changes to these Terms from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of these Terms will be posted on the Platforms and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to access any of the Platforms after the changes become effective, then you agree to the revised Terms. You agree that these Terms shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with KTPL, including but not limited to events, agreements, and conduct preceding your acceptance of these Terms.
Unless otherwise specified, the meaning and scope of all the undefined terms in these Terms of Use shall have the same meaning as indicated in the Privacy Policy.
Definitions
(i) “Account” shall mean the account created through online registration by Users and Buyers on the Platforms of KTPL for the purpose of accessing and browsing the Platforms and for purchasing products and services listed thereon.
(ii) “Buyer” shall mean any person or entity that purchases products or services listed for sale on the Platforms of KTPL.
(iii) “Content” shall include, but not be limited to, the usage of Platforms by the Users and Buyers to:- (a) Post feedback, reviews, ratings, comments, questions, data, documents, pictures and other information in relation to products and services purchased through the Platforms; and (b) Favourite goods or services, favorite Sellers, and rate and review Sellers and the products and services offered by them.
(iv) “Effective Date” shall mean the date on which the Buyer/User accepts these Terms of Use.
(v) “Price/ Transaction Price” shall mean the cost at which the product/service is to be delivered to the Buyer inclusive of all taxes and Shipping Charges, if any.
(vi) “Sale Price” shall be the price inclusive of taxes at which the product/service is offered for sale by the Seller on the Platforms. Parties agree that Sale Price is dynamic and volatile and may vary at different times and points of sale and therefore can be periodically and from time to time changed or revised in accordance with the terms of this Agreement.
(vii) “Seller” shall mean any person or entity offering various products and services for sale through the Platforms of KTPL.
(viii) “Shipping Charges” shall mean the cost and taxes recovered by the Seller from the Buyer per order for handling the logistics.
(ix) “User” shall mean any person or entity accessing and browsing the Platforms of KTPL.
PART I- PRECONDITIONS FOR ACCESS
1. Eligibility:
A person who desires to use the Platforms and avail the products and services offered by Sellers on the Platforms must fulfill the following criteria:- (i) He/She must not be less than 18 years of age (ii) He/She must not have been previously barred from accessing the Platforms; (iii) He/She must comply with the terms of the agreement and all local, state, national and international laws as may be applicable (iv) He/she must be physically located in the India.
If you are accepting these Terms on behalf of another legal entity, including a business or a non-profit organization, you represent that you have full legal authority to bind such an entity to these Terms.
2. Account and Registration
Subject to your eligibility and compliance with these Terms, you may access our Platforms. While some features on the Platforms may be available without registration; you shall be required to register online on either Platform by creating an Account to access most services.
At the time of registration, you will be required to provide certain information about yourself in the nature as specified in the Privacy Policy. You agree that all information that you submit upon creation of your account is accurate and truthful.
3. Consequences of Creation of Account
Once you complete the process of registration and set up of your Account, you will be given the permission to use and access the Platforms for the purpose of purchasing the products & services listed thereon and for posting relevant Content, inter alia.
You are solely responsible for the information associated with your Account and all activities in relation to your Account, including the Content you post. If any information displayed on the Platforms in connection with you and your Account is found to be incorrect, you are required to inform KTPL immediately to enable KTPL to make the necessary amendments. KTPL reserves the right of ownership of all Accounts created by the Users/Buyers and to moderate the changes or updates requested by the Users/Buyers.
You must maintain the security of your Account and promptly notify KTPL at [email protected] if you discover or suspect that someone has accessed your Account without your permission. You will not authorize third parties, including automated systems and bots, to use your Account.
PART II- FRAMEWORK OF OPERATIONS
4. Scope of Services Offered
KTPL offers the following categories of services:
i. Online marketplace
a. The marketplace is an online e-commerce portal available on the Platforms, wherein prospective Buyers and Users are provided access to a variety of products and services. These products and services are listed for sale either directly or indirectly by Sellers on the Platforms. You agree that KTPL is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility.
b. You acknowledge that transactions, Transaction Price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Sellers and Buyers and the payment facility is merely used by Sellers and Buyers to facilitate the completion of transactions.
c. KTPL is not involved in providing any advice or warranties in relation to the products and services offered. You agree that KTPL will not be responsible under any circumstances for:
- user interactions and associated issues that you may have with any Seller
- the ability or intent of the Seller or the lack of it, in fulfilling their obligations towards Users/Buyers;
- any defect in the quality of product or service sought to be sold by the Seller, or any negligence on part of the Seller;
- any misconduct or inappropriate behaviour by the Seller or their staff;
ii. Payment Options and Process
a. Buyers shall make payment of the Transaction Price of the products/services purchased on the Platforms based on the invoice raised by the Seller, inclusive of Shipping Charges, if any.
b. Buyers may pay for products and services on the Platforms using payment methods such as the following:
- Credit or Debit Cards
- Net Banking
- UPI Payments
- Payment Wallets
- Payment (either via cash or card) on delivery
c. We may modify the scope of payment methods available to Buyers at our sole discretion.
d. While availing any of the payment method/s available on the Platforms, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
e. You understand, accept and agree that the payment facility provided by KTPL is not a banking or a financial service, but a payment facility for collection and remittance ofpayments for transactions on the Platform using the existing authorized banking infrastructure and payment gateway (PG) network. Further, by providing payment facility, KTPL neither acts as a trustee nor a fiduciary with respect to transaction or transaction price.
f. In case of returns/order cancellation, KTPL shall make payments into the bank account provided by the Buyer. Once KTPL has made payments into such a bank account number, it shall be discharged of any/all liabilities towards the Buyer and the Buyer shall not be eligible for any claims whatsoever.
g. Use of the payment facility shall not render KTPL liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platforms.
h. You, as a Buyer, understand that upon initiating a transaction on the Platform, you are entering into a legally binding and enforceable contract with the Seller to purchase the concerned product and /or services from the Seller.
i. KTPL reserves the right to impose limits on the number of transactions or Transaction Price which KTPL may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
j. KTPL reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with KTPL or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
k. KTPL may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash/Card On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of KTPL. As a result of such a check if KTPL is not satisfied with the credit-worthiness of the Buyer or genuineness of the transaction or other reasons at its sole discretion, KTPL shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that payment on delivery, either by cash or card, (“COD option”) may not be available for select products, categories or locations at KTPL’s sole discretion.
l. The Buyer acknowledges that KTPL will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of KTPL.
m. As required by applicable law, if the Buyer makes a purchase of an amount equal to or above INR 2 00 000.00, he/she will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Buyer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Buyer, it need not be submitted again. The order of the Buyer shall stand cancelled if there is a discrepancy between the name of the Buyer and the name on the PAN Card.
iii. Delivery of Products and Services
a. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated feature on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent.
b. You, as a Buyer, shall electronically notify KTPL using appropriate Platform features immediately upon delivery or non-delivery of your order within the time period as provided. Non-notification by you of delivery or non- delivery within the time period shall be construed as a deemed Delivery in respect of that Transaction. In case of CoD transactions, Buyer is not required to confirm the receipt of products or services.
c. You, as a Buyer, agree to be present or have someone be present to accept the order at the shipping address. In case of unsuccessful delivery despite two attempts, there may be an additional charge levied to you to receive the order.
iv. Refund and Replacement
Refund and Replacement of products purchased on the Platforms will be governed by the Returns Policy as provided for on our Platforms.
5. Fees and Charges
Membership on the Platforms is free for Buyers. KTPL does not charge any fee from Buyers for browsing and buying on the Platforms. However,KTPL reserves the right to change its policy regarding fees and charges from time to time. In particular, KTPL may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platforms. In such an eventKTPL reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any changes to the policies regarding fees and charges shall be posted on the Platforms and such changes shall automatically become effective immediately after they are posted on the Platforms.
PART III- BUYER RIGHTS, DUTIES AND OBLIGATIONS
6. Permissions and Consent
i. Permissions for communication of relevant information
Upon completion of registration, you consent toreceiving emails and SMS/texts:
a. in relation to fulfilment of orders placed by you for availing products and services offered on our Platforms
b. in relation to updates and changes to the features on the Site and the App and special offers, new promotions and sales opportunities and notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive such email/text messages, you may opt out by sending us an email at [email protected]. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.
ii. Permissions in relation to Content
a. By posting Content on the Platforms, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through these Platforms. You agree that this license includes the right for us to make your Content available to other users of the Platforms, who may also use your Content subject to these Terms.
b. You agree that KTPL may access, preserve and disclose your account information and Content if required to do so by law or in a good faith that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) comply with request from the government or its agencies (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of KTPL or any other person.
c. Although we have no obligation to screen, edit, or monitor your Content, we may, in our sole discretion, delete or remove your Content at any time and for any reason, including for a violation of these Terms; in compliance with a legal order or upon being notified by the appropriate Government or its agency under section 79(3)(b) of Information Technology Act, 2000.
7. Representation and Warranties
By registering and creating an Account with KTPL, you represent and warrant that:
i. You meet with all the eligibility requirements as set out in Clause 1 of Part I above;
ii. All the information provided by you, prior to registration and thereafter is accurate and complete;
iii. You are competent to enter into a binding contract under the laws of India or any other laws as may be applicable;
iv. The transaction has been successfully completed and the product or service purchased through the Platforms is not deficient, in case you do not raise a dispute with KTPL within 7 (seven) days of delivery;
v. You have never been convicted of any offence in the nature of a sexual crime (including molestation, child abuse etc.) or any offence under the Information Technology Act, 2000 or rules or regulations specified thereunder.
By submitting your Content on our Platforms, you further represent and warrant that:
i. the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and
ii. the posting of your Content on any Platforms does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person.
8. Intellectual Property Rights
It is hereby specifically recorded that all Intellectual Property Rights in the products and services offered for sale on the Platforms shall continue to vest in the respective Sellers listing such products and services or such other third parties who may have licensed the concerned products and services to the concerned Sellers.
All those Intellectual Property Rights arising as a result of use of domain names, the design and layout of the Site or the App or any other similar right available under applicable law shall vest in KTPL.
KTPL owns or has rights to all the content on the Platforms (except for the Content as defined in the Definition Clause) which includes but is not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith.The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of any User/Buyer. No one shall be entitled to reproduce, adapt, combine or integrate into other applications, arrange or otherwise handle or transform, or publicly communicate or publish such content without prior written consent of KTPL.
PART IV- RESTRICTIONS ON CONTENT AND USAGE
9. Restrictions on Usage and Access of the Platforms
While accessing or using our Platforms, you will not
i. Attempt to gain unauthorized access to another user’s Account;
ii. Upload, transmit, or distribute to or through any of the Platforms any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
iii. Use the Platforms to harvest, collect, gather or assemble information or data regarding the products or services on offer or regarding other Buyers, Users and Sellers except as permitted in these Terms;
iv. Use the Platforms in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users and Buyers from fully enjoying the services or that could damage, disable, overburden, or impair the functioning of the services in any manner;
v. Intentionally negate any User or Buyer actions to delete or edit their Content on the Platforms;
vi. Use the Platforms for any purpose that is illegal or prohibited by these Terms;
vii. Use the Platforms for any harmful or nefarious purpose;
viii. Use the Platforms in a manner so as to damage KTPL;
ix. Spam, solicit money from or defraud any Users, Buyers or Sellers;
x. Provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to Sellers or Users or Buyers, except through the payment gateway on the Platforms;
xi. Solicit personal identifying information for commercial or unlawful purposes from other Users, Buyers or Sellers or disseminate another person’s personal information without his or her permission;
xii. Use another person’s Account;
xiii. Create more than one account or create another account if we have already terminated your account, unless you have our permission.
10. Restriction on Posting of Content on Platforms
The Content posted by you must not:
i. belong to another person and contain any information that you do not have any right to;
ii. be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. bully, stalk, intimidate, assault, harass, mistreat or defame any person;
iv. involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
v. infringe upon or violates any third-party rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
vi. be threatening, sexually explicit or pornographic; promoting violence; or containing nudity or graphic or gratuitous violence;
vii. impersonate any person or entity or constitute of any images of another person without his or her permission;
viii. harm minors in any way;
ix. deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;
x. threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xi. threaten public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder.
11. Restrictions on misuse of Content and Platforms
Except as permitted through these Terms or as otherwise permitted by us in writing, you do not have a right to:
i. license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the products and services or the content on the Platforms;
ii. access the Products and Services or the content on the Platforms in order to build a similar or competitive website, product, or for any commercial purposes;
iii. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the usage and access of the Platforms;
iv. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the products and services and content on the Platforms;
v. upload viruses or other malicious code or otherwise compromise the security of the content on the Platforms;
vi. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Platforms;
vii. frame or mirror any part of the content on the Platforms;
viii. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the content on the Platforms, or cause others to do so;
ix. use or develop any third-party applications that interact with the Content on the Platforms or other Content or information;
x. use, access, or publish the KTPL application programming interface;
xi. encourage or promote any activity that violates these Terms.
PART V- RIGHTS RESERVED BY KTPL
12. Right to withdraw and restrict access
KTPL reserves the right to withdraw or amend the content on the Platforms, and any product or service we provide on the Platforms, in our sole discretion without notice. From time to time, we may restrict access to a part or whole of the Platforms, to registered Users/Buyers. KTPL will not be liable, if for any reason the products & services on any of the Platforms (or any features within the Services) are unavailable at any time or for any period.
13. Right to terminate/suspend user account
KTPL reserves the right to terminate your Account or ability to access or use the Platforms and purchase the products & services offered, at any time for any or no reason, including for your failure to pay necessary fees or charges, breach of representation or warranties or any violation of these Terms.
Upon such termination/suspension of your account, you will no longer be able to access your Account or any Content or data you have stored on the servers. All data collected will be deleted from your Account if required under law. All licenses granted to you by KTPL for access to the Platforms will automatically terminate.
14. Right to initiate action against violation of Terms
KTPL may investigate and take any available legal action, including removal of restricted Content and deactivation and/ or termination of your account, in response to violation of representations and warranties, illegal and/ or unauthorized uses of the Platforms, and posting of restricted Content on the Platforms in violation of Clauses 9, 10 and 11 of these Terms.
PART VI- EXCLUSION OF LIABILITY
15. Restriction on KTPL’s Role in the transactions on the marketplace
KTPL is only providing a facilitating platform for communication between potential Buyers and Sellers and it is agreed that the contract for sale of any of the products or services on the marketplace shall be a strictly bipartite contract between the concerned Buyer and the Seller. KTPL is not responsible for any non-performance or breach of any contract entered into between the Buyers and Sellers. KTPL cannot and does not guarantee that the concerned Buyers and Sellers will perform any transaction concluded on the marketplace.
At no time shall KTPL hold any right, title or interest over the products or services on the marketplace nor shall KTPL have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. KTPL is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
16. Disclaimer
The Platforms are provided “as is” and without warranty of any kind. To the maximum extent permitted under applicable law, KTPL expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platforms and the products and services offered thereon, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of performance, usage or trade practice. Without limitation to the foregoing, KTPL provides no warranty or undertaking, and makes no representation of any kind that the Platforms and the products and services listed thereon will meet your requirements, will achieve any intended results, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
The results of any search users perform on the Platforms for any product or service, should not be construed as an endorsement by KTPL of any such particular product, service or the Seller offering such product or service. We will provide you with search results based on multiple criteria. If you decide to buy a particular product or service listed on the Platform or engage with a particular Seller for procuring his services/products, you shall be doing so at your own risk and KTPL provides no guarantee as regards the quality and outcome of such services/products.
17. Liability Limitation
To the fullest extent permitted by applicable law, in no event shall KTPL, its directors, employees, officers,affiliates, agents, successors, subsidiaries or assignees be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) Any computer failure or malfunction; (ii) your access to or use of or inability to access or use Platforms; (ii) the conduct or content of other Users/Buyers/Sellers, through or following use of the products & services purchased on the Platforms; or (iii) unauthorized access, use or alteration of your Content, even if KTPL has been advised at any time of the possibility of such damages.
Notwithstanding the foregoing, in no event shall KTPL be liable to you for any claims arising out of or relating to the use of products & services purchased through/listed on the Platform by various Sellers. The said limitation set forth herein applies (i) regardless of the ground upon which liability is based (whether default, contract, tort, statute, or otherwise), (ii) irrespective of the type of breach of obligations, and (iii) with respect to all events, the service, and this agreement.
18. Indemnification
You will defend, indemnify and hold harmless us and all of our directors, employees, officers, affiliates, agents, successors, subsidiaries and assignees and assigns from and against any liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, (including, but not limited to, reasonable legal and accounting fees), claimed against KTPL relating to:
i. Your breach of any warranties, conditions, representations or obligations under these Terms or any documents referenced herein.
ii. Your violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights).
iii. Any claim that your Content violated the rights of third-parties, including intellectual property rights.
iv. Any liabilities or damages resulting from your failure to keep your Account or password or other information secure.
v. Any misrepresentations made to Sellers on or off the Platform.
PART VII- MISCELLANEOUS TERMS
19. Privacy of Information
The details of the information we collect, disclose, retain and manage are set out under the Privacy Policy. Privacy and data security are given paramount importance by KTPL and any personal data collected through the Platforms will be used solely in accordance with the Privacy Policy.
20. Termination
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of the Platforms. If you stop using the Platforms without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.
We may terminate your Account in accordance with Clause 13 in Part V of these Terms.
21. Governing Law and Jurisdiction
We want you to enjoy using our Platforms, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at [email protected].
Any claims arising out of or relating to these Terms or the Products or Services will be governed by the laws of India, other than its conflict of laws rules. The courts at Ahmedabad, Gujarat, India will have the sole jurisdiction in relation to all disputes related to these Terms or the products or services on the Platforms; and you consent to personal jurisdiction in these courts.
22. Dispute Resolution
Except where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the Indian Arbitration Act, 1996 (the “Act”) as amended in 2019 along with any amendment which may take place from time to time.
By accepting these Terms, you agree to arbitration. The place of Arbitration shall be Ahmedabad, Gujarat, India. The Sole Arbitrator shall be appointed mutually by both parties, failing which the procedure shall be adopted as prescribed under the Act.
23. Entire Agreement
These Terms, along with the Privacy Policy, and any other terms disclosed to you, contains the entire agreement between you and KTPL regarding access and the use of the Platforms. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect. The failure of KTPL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Account is non-transferable and all of your rights to your Account and its Content terminate upon your death or dissolution of the concerned entity. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms and you may not make any representations on behalf of or bind KTPL in any manner.