Terms of Use

 

This Terms of Use agreement was last updated: July 1, 2016

 

These terms and conditions of use (“Terms of Use") of the Website (as defined below) between Kaizen Webtech LLP ("Kaizen" or “Shaadilogy”) and the users/registrants of the Website  ("You"or "Your" or "Yourself" or"User")describe the terms on which Kaizen offers You access to the Website and the Services (as defined below) through the Website. 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

 

1. GENERAL

 

1.1        www.shaadilogy.com ("Website") is an Internet based portal owned and operated by Kaizen, a Limited Liability Partnership incorporated under the laws of India, with its registered office at 10/4, Alipore Park Place, Kolkata, West Bengal - 700027. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms of Use, along with Additional Terms (as defined below) and any amendments made to it by Kaizen at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of the Services.

 

1.2        Kaizen shall not be required to notify You, whether as a Registered User or not, of any changes made to the Terms of Use and/or Additional Terms which may be done at the sole discretion of Kaizen. The revised Terms of Use and/or Additional Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use and/or Additional Terms made available on the Website at the time of such use. You are requested to regularly visit the home page www.shaadilogy.com to view the most current Terms of Use and/or Additional Terms. You can determine when Kaizen last modified the Terms of Use and/or Additional Terms by referring to the "Last Updated" section of the document. It shall be Your responsibility to check these Terms of Use and/or Additional Terms periodically for changes. Your continued use of the Website, following changes to the Terms of Use and/or Additional Terms, will constitute Your acceptance of those changes.

 

1.3        By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and/or Additional Terms available on the Website. If You do not agree to the foregoing, You are prohibited from accessing or using the Website. If You do not agree to any of the provisions set forth in the Terms of Use and/or the Additional Terms, kindly discontinue viewing or participating in this Website immediately.

 

2. SERVICES

 

2.1.      The Website is a platform that (i) facilitates online transactions between those Users of the Website who are offering products by way of sale and those Users of the Website who are willing to buy the products offered for sale through the Website; (ii) provides listing services to service providers to enable them to connect with potential customers; (iii) allows Users to make their own personalized web page on payment of fees as may be mentioned on the Website; (iv) provides Users with style guides and fashion tips; and (v) offers free and paid versions of Kaizen mobile application to Users for download (collectively, the "Services").

 

2.2.      In addition to the Terms of Use and/or Additional Terms, the Website is governed by the rules, policies and guidelines as applicable to it and mentioned on the Website.

 

3. ELIGIBILITY OF USE

 

3.1        The Website and/or its Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Kaizen system by Kaizen for any reason whatsoever. If You do not conform to the above qualification, You shall not avail the Services or use the Website.

 

3.2        On using the Website and/or its Services, You represent that You are of legal age to form a binding contract and are not a person barred under the laws as applicable in India or any other applicable country and/or by Kaizen. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, of unsound mind are not eligible to use the Website. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may browse the Website or avail the Services through Your legal guardian in accordance with the applicable laws.

 

3.3        Kaizen reserves the right to refuse access to use the Services to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

 

3.4        You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

 

3.5        You would solely be liable for any action or inaction on Your Account whether by You or by any other third party.

 

3.6        In case the Website and/or its Services are being used by You in a country(s) other than India, it is solely Your responsibility and liability to ensure that Your use of the Website and/or its Services and/or any other action comply with the applicable laws of that particular country(s). Kaizen, would in such a situation, not have any liability with respect to Your action and/or inaction contrary to the applicable laws of such country(s).

 

4. USER ACCOUNT, ACCESS, LICENSE AND SECURITY

 

4.1        Kaizen makes the Services available to You through the Website only if You are transacting as a guest User through Facebook, Gmail, Yahoo ID or any other valid and recognized email ID ("Guest User") or as a registered User by creating an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form) ("Registered User"). When transacting as a Registered User, You would be provided with a valid account for transacting on the Website along with an approved user name and password ("Account"). The Services may also be subject to procedures for use of the Website such as the, Privacy Policy, Disclaimer and Copyright Policy and, uploaded guidelines, rules, additional terms and conditions, or other notices, if any  ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that Service.

 

4.2        In case You are transacting as a Guest User through Facebook, Gmail, Yahoo ID or any other valid email ID, You may be allowed restricted access to the Services.

 

4.3        You will be responsible for maintaining the confidentiality of the Account and/or any Personal Information (as defined below) divulged by You as a Registered User and/or Guest User and/or any other manner while using or browsing the Website and/or its Services, and are fully responsible for Your activities that occur under Your Account or otherwise on the Website. You agree to (a) immediately notify Kaizen of any unauthorized use of Your Account or Your Personal Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Kaizen cannot and will not be liable for any loss or damage arising from Your failure to comply with this Clause. You may be held liable for losses incurred by Kaizen or any other User due to authorized or unauthorized use of Your Account or Your Personal Information as a result of Your failure in keeping Your Account or Your Personal Information secure and confidential.

 

4.4        You shall ensure that the information provided by You when transacting as a Guest User or Registered User is complete, accurate and up-to-date. You may allow others to use Your Account, however, any and all liability arising out of such use of Your Account by another person will vest on You.

 

4.5        If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Kaizen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kaizen has the right to suspend or terminate Your Account or Your Personal Information and refuse any and all current or future use of the Website (or any portion thereof).

 

5. USE OF WEBSITE AND USER OBLIGATIONS

 

5.1        Subject to compliance with the Terms of Use and/or Additional Terms, Kaizen grants You a non-exclusive, limited license to access and use this Website and the Services provided therein. This license does not include amongst others any downloading or copying of Account or Your Personal Information for the benefit of another User or any third party. You may not bypass any measures used by Kaizen to prevent or restrict access to the Website. Any unauthorized use by You shall terminate the permission or license granted to You by the Website.

 

5.2        You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use and/or Additional Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

 

5.3        You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Kaizen cannot control the information provided by Users which is made available on the Website. Kaizen disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to the Grievance Officer as per Clause 25.

 

5.4        If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:

  •  Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with person or entity;

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, libellous, slanderous, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

  • Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents or involve the sale of counterfeit or stolen items;

  • Upload or distribute files that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate Website or any system, data or personal information.

  • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

  • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Kaizen server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Website, or any other customer of Kaizen, including any Kaizen Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

  • Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that belongs to another person and to which You do not have any right; 

  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; 

  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that harm minors in any way; 

  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that threatens the unity, integrity, defense, 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;

  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 

  • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use and/or Additional Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kaizen or other third parties;

  • Conduct or forward pyramid schemes, junk mails, chain letters, or unsolicited mass mailing or spamming;

  • Download any file posted by another User of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

  • Violate any applicable laws or regulations for the time being in force within or outside India;

  • Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website; and

  • Use images and photographs posted on the Website without prior consent from Kaizen

  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

 

5.5        You agree that You are solely responsible to Kaizen for any breach of Your obligations under the Terms of Use and/or Additional Terms and for the consequences (including any loss or damage which Kaizen or its affiliates or its Users or any third party may suffer) for any such breach.

 

5.6        You agree that Kaizen may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, if any or offer opportunities to some or all Website Users.

 

5.7        Kaizen shall have the right to use Your Personal Information as provided by You and such usage of Your Personal Information by Kaizen does not amount to violation of any rights You might have in Your Personal Information. You agree to grant Kaizen a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) that You may have in Your Personal Information, in any media now known or not currently known, with respect to Your Information. Kaizen will only use Your Personal Information in accordance with the Terms of Use and/or Additional Terms. 

 

5.8        In the event that any content, information and/or transaction on the Website which is in violation of this Terms of Use and/or Additional Terms and/or applicable law comes to Your knowledge, You shall take all steps to inform the Grievance Officer as provided in Clause 25.

 

5.9        Kaizen is not required to mediate or resolve any dispute or disagreement between Users. 

 

5.10     Kaizen shall show at their own choice certain Users who are service providers on the Website as “featured vendors” on the Website and no User shall have any objection/grievance/claim/problem with the same.

 

5.11     Users who are service providers on the Website will be able to edit their details from their backend dashboard, however, for any change to be reflected on the frontend, Kaizen admin approval would be necessary.

 

5.12     Kaizen is providing a platform or venue for communication and facilitating transactions between Users. It is agreed that any purchase of the products and/or services through auction or otherwise shall be a strictly bipartite contract between such Users governed by the provisions of such contract entered by and between the Users and the Terms of Use and/or Additional Terms. At no time shall any right, title or interest over the products and/or services offered on the Website vest with Kaizen nor shall Kaizen have any obligations or liabilities in respect of such contract, except for certain transaction support services such as facilitating payment.

 

5.13     Kaizen is not responsible for any non-performance or breach of any contract entered into between Users. Kaizen cannot and does not guarantee, warrant, assure or ensure that the Users will perform, undertake, consume or conclude any transaction entered by and between the Users.

 

5.14     All commercial/contractual terms are offered by and agreed to between Users alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Kaizen does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial/contractual terms between Users.

 

5.15     You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of the Website and its Services. You shall, through use of the Website and its Services, not engage in any transaction in any product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular You shall ensure that if any of Your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972 ("Artwork"), You shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of said the Act, and shall ensure that it is not delivered to buyer at any place outside India. 

 

5.16     You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any products and/or services being listed on the Website. 

 

5.17     You shall not attempt to or circumvent or manipulate Kaizen’s fee structure, the billing process or fees owed to Kaizen as a result of the use of the Website and/or its Services.

 

6. INTELLECTUAL PROPERTY RIGHTS

 

6.1        Kaizen trademarks, logos, images, service marks, trade names (collectively the “Trademarks”) and other distinctive branding features displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Kaizen and shall not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Kaizen that appear on the Website or on or through the Website’s Services, if any, are the property of their respective owners. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s Services is strictly prohibited.

 

6.2        Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Kaizen owns, solely and exclusively, all intellectual property rights in and to the trademark "Shaadilogy" and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks ( “Content”). Your use of the Website does not grant to You ownership of any content, code, data or materials You may access on or through the Website.

 

6.3        Any commercial or promotional distribution, publishing or exploitation of the Website, or any content including photographs, code, data or materials on the Website, is strictly prohibited unless You have received the express prior written permission from authorized personnel of Kaizen or the otherwise applicable rights holder. Other than as expressly allowed herein, You shall not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content including photographs, code, data or materials on or available through the Website. You further agree that You shall not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content including photographs, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that You do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If You make other use of the Website, or the content including photographs, code, data or materials thereon or available through the Website, except as otherwise provided above, You may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

 

6.4        “Personal Information” is defined as any information, material, property including but not limited to photographs, videos and personal details, that You provide to Kaizen or share with Kaizen or other Users of the Website during registration (as Registered User or as Guest User), in the feedback area, through any e-mail feature or while using the Website and its Services or in any other manner whatsoever. You are solely responsible for Your Personal Information, and Kaizen acts only as a passive conduit for the online distribution and publication of Your Personal Information.

 

6.5        Any rights not expressly granted herein, are reserved to Kaizen. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Website. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Website.

 

7. THIRD PARTY CONTENT

 

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content").Similar Third Party Content would also be available to You on the email received by You from Kaizen. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Kaizen does not provide any guarantee with respect to any the Third Party Content and Kaizen shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

 

8. WARRANTY AND LIABILITY

 

8.1        The Website, Services and other materials are provided by Kaizen on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Kaizen makes no warranty that (i) the Website or the Services will meet Your requirements or Your use of the Website or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, Services or materials will be effective, accurate or reliable; (iii) the quality of the Website, Services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, Services or other materials will be corrected. No advice or information, whether oral or written, obtained by You from Kaizen or through or from use of the Services shall create any warranty not expressly stated in the Terms of Use and/or Additional Terms.

 

8.4        To the maximum extent permitted by applicable law, Kaizen will have no liability related to User content arising under intellectual property rights, libel, defamation, libel, privacy, publicity, obscenity or other laws. Kaizen also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content. Any opinion or expression of any User and/or third party made available through the Website or otherwise is that of the respective User and/or third party and Kaizen is not responsible for the same.

 

8.3.      Kaizen has endeavoured to ensure that all the information on the Website is correct, but Kaizen neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Further, Kaizen shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Kaizen's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Kaizen accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.

 

8.4.      Kaizen does not provide any guarantee with respect to the style guides or fashion tips or any other information provided on the Website and assumes no responsibility for the views, advice and/ or opinions expressed therein.

 

8.5.      Kaizen does not provide any guarantee with regard to the views expressed by Users under ratings and review or any other section of the Website with respect to any seller of products and/or service provider.

 

8.6     Kaizen does not provide any guarantee with respect to any Third Party Content and Kaizen shall not be held liable for any loss suffered by You based on Your reliance on or use of such information. The advertisement available on e-mail or Website with respect to the third party website or the products and services are for information purpose only.

 

9. INDEMNIFICATION

 

9.1     You agree to indemnify, defend and hold harmless Kaizen, its partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Kaizen that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use and/or Additional Terms. Further, You agree to hold Kaizen, its partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that You caused damage to a third party, Your violation of the Terms of Use and/or Additional Terms, or Your violation of any rights of another, including any intellectual property rights. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

 

10. PAYMENT POLICY

 

10.1     While availing any of the payment methods available on the Website, Kaizen will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

 

  1. Lack of authorization for any transaction(s), or
  2. Exceeding the present limit mutually agreed by You and between bank(s), or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reasons

 

10.2     All payments made on the Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

 

10.3     You will be required to provide a valid phone number, credit card/debit card/relevant bank account details and/or any other relevant information, for making payments on the Website. By registering Your phone number with the Website, You consent to be contacted by Kaizen via phone calls and/or SMS notifications and/or emails and/or whatsapps, regarding the Website or Service updates and/or any other information of relevance.

 

10.4     The payment facility provided by Kaizen is merely for You to facilitate the completion of a transaction. Use of the payment facility shall not render Kaizen liable or responsible for the 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 listed on the Website.

 

10.5     You have specifically authorized Kaizen or its service providers to collect, process, facilitate and remit payments made electronically in respect of transactions through the Website. Your relationship with Kaizen is on a principal to principal basis and by accepting these Terms of Use You agree that Kaizen is an independent contractor for all purposes, and does not have control of or liability for the products that are listed on the Website and that are paid for by using the payment facility.

 

10.6     The payment terms including the mode of payment and the amount of payment, for any custom version of Kaizen’s mobile application would be as mutually agreed by You and Kaizen.

 

10.7     You understand, accept and agree that the payment facility provided by Kaizen is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for making purchases on the Website. Further, by providing payment facility, Kaizen is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.

 

10.8     You understand that upon initiating a transaction, You are entering into a legally binding and enforceable contract with Kaizen and pay the requisite price by using the payment facility.

 

10.9     You hereby acknowledge that cash on delivery payments are governed solely by and between the relevant Users and that Kaizen has no role in such a payment method.

 

10.10  You acknowledge that Kaizen will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of Kaizen.

 

10.11  Kaizen reserves the right to impose limits on the number of transactions which Kaizen may receive from on an individual Valid Credit/Debit/ 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 User during any time period, and reserves the right to refuse to process transactions exceeding such limit.

 

10.12  Kaizen reserves the right to refuse to process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Kaizen or breach/violation of any law or any charges imposed by the issuing bank or breach of any policy.

 

10.13  You shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility.

 

11. LIMITATION OF LIABILITY

 

11.1     Notwithstanding anything to contrary, Kaizen’s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You, if any, for any specific product, under which the unlikely liability arises.

 

11.2     In no event shall Kaizen, its partners, officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers be liable to You for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Website content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies on or through the Website, including without limitation as a result of breach of any term of this Terms of Use and/or Additional Terms.

 

11.3     The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

 

12. VIOLATION OF THE TERMS OF USE

 

11.1 Without limiting other remedies, Kaizen may limit Your activity, immediately remove Your Personal Information or end Your listing, warn other Users of Your actions, temporarily/indefinitely suspend or terminate or block Your registration, and/or refuse to provide You with access to the Website and/or Services in the event, but not limited to: 

 

a) If You breach the Terms of Use and/or Additional Terms;

b) If Kaizen is unable to verify or authenticate any information provided by You; or

c) If it is believed that Your actions may cause legal liability for other Users or Kaizen.

 

11.2 Kaizen may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Kaizen or use the Website in any manner whatsoever until such time that such User is reinstated by Kaizen. Notwithstanding the foregoing, if You breach the Terms of Use and/or Additional Terms, Kaizen reserves the right to recover any amounts due and owing by You to Kaizen 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 or obtaining any injunctive or equitable relief that Kaizen deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Kaizen may have against You in law or in equity.

 

13. TERMINATION

 

13.1     Kaizen reserves its right to refuse Services; Restrict, suspend, terminate Your Account; Terminate this Terms of Use and/or Additional Terms; Terminate or suspend Your access to the Website; Refuse, move or remove for any reason any content/image that You submit on or through the Services; Refuse, move, or remove any content/image that is available on or through the Services; Deactivate or delete Your Account and all related information and files in Your Account; Establish general practices and limits concerning use of the Services at any time and, remove or edit contents or cancel orders (entered by You) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use and/or Additional Terms.

 

13.2     Upon such termination or suspension, Your right to use the Website will immediately cease.

 

13.3     You can also terminate Your Account at any time but Your Personal Information may remain stored in archive on Kaizen’s servers even after the deletion or the termination of Your account.

 

14. LINKING TO THIRD PARTY WEB SITES

 

14.1     You may be able to link from the Website to third party web sites and third party web sites may link to the Website (“Linked Sites”). You acknowledge and agree that Kaizen has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of Kaizen.

 

14.2     Links to Linked Sites do not constitute an endorsement or sponsorship by Kaizen of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.

 

14.3     You are not permitted to link directly to any image hosted on the Website or Kaizen’s Services, such as using an “in-line” linking method to cause the image hosted by Kaizen to be displayed on another website.

 

14.4     You agree not to download or use images hosted on this Website or Linked Sites, for any purpose, including, without limitation, posting such images on another site.

 

Kaizen reserve all of Kaizen’s rights under the law to insist that any link to the Website be discontinued, and to revoke Your right to link to the Website from any other website at any time upon written notice to You.

 

15. TAXES

 

You shall be responsible for payment of all fees/costs/charges associated with any purchase on the Website and You agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.

 

16. PRIVACY POLICY

 

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Kaizen in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

 

17. GOVERNING LAW AND DISPUTE RESOLUTION

 

If any dispute arises between You and Kaizen during Your use of the Website or Services, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use and/or Additional Terms, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Kaizen. The place of arbitration shall be Kolkata, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996. The Courts of Kolkata will have jurisdiction over disputes arising therefrom.

 

18. NOTICE

 

All notices of Kaizen will be served by email or by general notification on the Website. Any notice provided to Kaizen pursuant to the Terms of Use for inter alia feedback or complaint purposes should be sent to legal@shaadilogy.com.

 

19. ASSIGNMENT

 

You cannot assign or otherwise transfer the Terms of Use and/or Additional Terms, or any rights granted hereunder to any third party. Kaizen’s rights under the Terms of Use and/or Additional Terms are freely transferable by Kaizen to any third parties without the requirement of seeking Your consent.

 

20. SEVERABILITY

 

If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use and/or Additional Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use and/or Additional Terms shall continue in full force and effect.

 

21. WAIVER

 

Any failure by Kaizen to enforce or exercise any provision of the Terms of Use and/or Additional Terms, or any related right, shall not constitute a waiver by Kaizen of that provision or right.

 

22. COMMUNICATION

 

When You visit the Website or send e-mails to Kaizen or give Your feedback, You are communicating with Kaizen electronically. You consent to receive communications from Kaizen electronically. Kaizen will communicate with You by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that Kaizen provides to You electronically satisfy any legal requirement that such communications be in writing.

 

23. FORCE MAJEURE


Kaizen shall have no liability to you for any interruption or delay in access to the Website irrespective of the cause.

 

24. EFFECTIVE DATE

 

This Terms of Use for the Website shall come into effect at 15:00 hours India Standard Time on July 1, 2016

 

25. GRIEVANCE REDRESSAL

 

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith: 

 

Ms. Sampa Karamkar 

Address 10/4 Alipore Park Place. Kolkata700027. 

legal@shaadilogy.com

 

In case You have any concern/grievance with respect to the contents on the Website and/or if there has been violation of this Terms of Use and/or the Privacy Policy, You may contact the Grievance Officer vide a written complaint to be sent via email.

 

 

This Terms of Use is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder.