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”).
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
4.2 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
5.3 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;
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;
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.
5.6 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.
5.9 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.
5.13 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
8.4 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.
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:
Lack of authorization for any transaction(s), or
Exceeding the present 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 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.
10.6 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
11.3 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
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:
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.
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.
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.
17. GOVERNING LAW AND DISPUTE RESOLUTION
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
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.