TERMS OF SERVICE

Welcome to Kalingarup.com (“Website”). Kalingarup and/or its affiliates provide website features and other products and services to you when you visit or shop at kalingarup.com, use kalingarup products or services, or use the software provided by Kalingarup in connection with any of the foregoing. Kalingarup provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and kalingarup (“Company” or “us” or “we” or “kalingarup.com”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures .Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.

Introduction

The domain name kalingarup.com is registered in the name of Kalingarup.

Right to change

Kalingarup reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and Rules there under. Our detailed Privacy Policy can be viewed at this link (Link to the detailed privacy policy)

Electronic Communications

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Kalingarup owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Kalingarup without obtaining authorization from it. User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Kalingarup does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted Kalingarup the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants Kalingarup , the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of kalingarup , its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Trademarks

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of kalingarup protected by copyright as a collective work under the applicable copyright laws. kalingarup owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of kalingarup and the copyright owner is permitted.

If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with kalingarup shall not be deemed to be in the public domain but rather the exclusive property of kalingarup , unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of kalingarup unless otherwise stated.

Intellectual Property Rights Complaints

Kalingarup respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.

User Responsibility And Account Registration Obligations

If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Kalingarup reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Kalingarup has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails any time by clicking the ‘Unsubscribe’ link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of Kalingarup and Kalingarup owes no responsibility to provide you any information regarding such change.

You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that belongs to another person and to which you does not have any right to; is 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that Kalingarup shall in no manner be held responsible for the same

That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that Kalingarup shall in no manner be held responsible for the same.

Billing / Invoicing

The price of our merchandise as mentioned on Kalingarup.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Kalingarup reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. that may be applicable for your country.

Order Cancellation By Kalingarup

Due to unavoidable circumstances, there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Kalingarup reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by Kalingarup.

Shipping & Processing Fee

Our shipping and processing charges are intended to compensate Kalingarup for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information, please refer to our Shipping & Payment Policy.

Payment

While availing any of the payment method/s offered by us, we are not responsible or take no liability of what so ever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the pre-set limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

All payments made against the purchases/services on Kalingarup.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by Kalingarup. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a fool proof online shopping environment to our users.

Kalingarup may employ Razor Pay, PayPal and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by Kalingarup which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.

Delivery

Kalingarup endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Kalingarup fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Kalingarup may at its discretion charge you for additional shipping cost.

Loss In Transt

Kalingarup endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Kalingarup fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Kalingarup may at its discretion charge you for additional shipping cost.

Refunds & Returns

Kalingarup shall make all endeavours to deliver defect-free products to the purchasers. Kalingarup does not take title to any returned items purchased by the user unless the item is received by Kalingarup. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to Kalingarup within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.

Kalingarup holds the sole discretion to determine whether a refund can be issued. For further information, please read our Returns & Exchanges Policy.

Product Descriptions

Products displayed on Kalingarup attempts to be as accurate as possible. However, Kalingarup does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Kalingarup is not as described, your sole remedy is to contact Kalingarup within 48 hours of receipt and Kalingarup reserves the right to provide a solution as per its discretion. Kalingarup is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

Product Compliance

Products displayed/ sold on the Kalingarup Website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

Product Pricing Disclaimer

Prices shown on the website are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.

Inaccuracy Disclaimer

From time to time, there may be information on our Website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Kalingarup reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Warranties & Liability

Customer represents and warrants to us that:

You are at least 18 (eighteen) years of age.
You are eligible to register and use the Services and have the right, power, and ability to accept and perform your obligations under these Terms & Conditions.
Your obligations hereunder constitute legal, valid, binding and enforceable obligations.
The acceptance of these Terms & Conditions do not breach any law, provisions of any contract or order of court applicable to you and do not require any applicable governmental approval.
You will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the delivery of the Services.
Your use of the Services will be in compliance with these Terms & Conditions.
You have the requisite power and authority to execute, deliver and perform these T&Cs and that these T&Cs have been duly and validly authorized, executed and delivered by you.
You will not be indecent, obscene in his communications with Us or other Users.
You will not be seditious, offensive, abusive, liable to incite racial, ethnic or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory or blasphemous in his communication with Us or other Users.
You will not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law.
You will not spread material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information. You will not create liability for Us or cause Us to lose (in whole or in part) goodwill or business.
Your communication with Us or other Users will not be in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation.
During the registration process, or when you access the Services from a mobile phone, your mobile phone’s device ID may be stored.
You agree to maintain and update this Personal Information in case of any changes or inconsistencies. We rely completely on your representation that you are eligible and will bear no responsibility if you or anyone who uses your account is found to not be eligible.

Links To Other Websites

The Platform may contain links to third-party websites that are not owned or controlled by the company. The company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Platform, you expressly relieve The company from any and all liability arising from your use of any third-party website and The company shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site. The content, accuracy, opinions expressed and other links provided by other third party sites are not verified, monitored or endorsed by The company in any way. The company does not make any warranties, and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through other third party websites.

Security

The Platform employs appropriate technical and organizational security measures at all times to protect the information the company collects from you. The Platform uses multiple electronic, procedural, and physical security measures to protect against unauthorized or unlawful use or alteration of information, and against any accidental loss, destruction, or damage to information. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, the company cannot guarantee its absolute security. Further, you are responsible for maintaining the confidentiality and security of your login id and password, and may not provide these credentials to any third party.

INDEMNITY

You agree to indemnify and shall not hold Kalingarup (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

Breach

In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you. Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.

Severability

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Waiver

The failure by Kalingarup to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by Kalingarup of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

Force Majeure

Failure on the part of Kalingarup to perform any of its obligations and the non-furnishing of the Service), shall not entitle you to raise any claim against Kalingarup or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure, the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Kalingarup that directly or indirectly hinders or prevents Kalingarup from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.

This agreement shall be construed and the legal relations between YOU and Kalingarup hereto shall be determined and governed according to the laws of India. If any dispute arises between You and Kalingarup regarding Your use of the Website or Your dealing with Kalingarup in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of New Delhi.

Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

Grievance

Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to kalingarup@gmail.com

The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

Governing Law

These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.