Th Kefi Commerce Terms & Conditions
This Website is created and operated by **Kefi Commerce**, hereinafter referred to as the "Company".
This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of **www.keficommerce.com** (hereinafter collectively referred to as the "Platform").
The creator of these Terms of Service ensures steady commitment to your use of the platform. This document contains information about the Website "**www.keficommerce.com**" (hereinafter referred to as the "Platform").
For the purpose of these Terms of Use ("Terms"), wherever the context so requires, "We", "Our", and "Us" shall mean and refer to the Platform and/or the Company, as the context so requires. "You", "Your", "Yourself", "User" shall mean and refer to natural and legal individuals who shall be Users of this Platform and who is competent to enter into binding contracts, as per Indian laws. "Third Parties" refer to any Application, Company or individual apart from the Users and the creator of this platform. "Platform" refers to the Website created by the Company which provides the User to avail services of or from the Company through the Website.
GENERAL TERMS
The headings of each section in these Terms or Privacy Policy are only for the purpose of organizing the various provisions under these Terms and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the User. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on the User availing the services from the Platform.
The use of this Platform by the Users is solely governed by these Terms, Privacy Policy and as well as other policies that may be uploaded on the platform the purpose of the Users effective applicability, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you as a User continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions, Privacy Policy and such other policy as that may be available and applicable on the Users of the Platform.
The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
The User unequivocally agrees that these Terms and the aforementioned Policies constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User's act of visiting any part of the Platform constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
PLATFORM OVERVIEW
Kefi Commerce creates ecommerce software applications and provides ecommerce services to businesses and individuals. The platform offers a range of services including ecommerce website development, digital marketing, and content creation to help businesses establish and grow their online presence.
REGISTRATION
Registration is mandatory on the platform and the users will have to register themselves on the platform in order to avail the services of the platform through the service providers. We will keep the concerned information provided in our database. You will have the option to either signup using their Google Credentials or else create an account on the platform using their email address. The platform will collect preferred name, phone number, and company details optionally to improve their experience on the platform as well as generate invoices to the correct entities. The platform will mainly collect email addresses, phone numbers, company details from users to build their profiles on our database.
ELIGIBILITY
The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms following the Law.
The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
CONTENT
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, 'Content'), is generated/provided or based on information provided by the interviewer or third parties and the Platform has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.... All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.
INDEMNITY
The Users of this Platform agree to indemnify, defend and hold harmless the Company/Platform, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Company/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:
- User's use of the Platform,
- User's violation of these Terms and Conditions;
- User's violation of any rights of another;
- User's alleged improper conduct according to these Terms;
- User's conduct in connection with the Platform;
User agrees to fully cooperate in indemnifying the Company and the Platform at the user's expense. The user also agrees not to settle with any party without the consent of the Company.
In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User's use of or access to the Platform and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
The Founders/ Promoters/ Partners/ Associated people of the Company/Platform are not responsible for any consequences arising out of the following events:
- If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If the User has fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by Us;
- If there is a failure in the functioning of any other service provided by the Platform.
The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User's belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.... The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
TERM
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.
The Users may terminate their use of the Platform at any time.
The Company may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User's access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the Platform, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular users, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
COMMUNICATION
By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time. (only with users consent)... Users can report to "**wecare@keficommerce.com**" if they find any discrepancy with regard to Platform or content-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any services availed by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Company from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted user of this Platform and that they:
- Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The Company is not liable if the User has provided incorrect information.
- Agree to ensure the Name, Email address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
- Users agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Company reserves the right to close your account at any time for any or no reason.
- Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for easy and ready reference for the User, and to streamline the Services through the Platform.
- Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.... Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
- Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User's access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any liabilities arising concerning such offensive content on the Platform.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Company and that the Company is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
- Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Company from whom the Users are utilizing services.
- The User further undertakes not to:
- Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
INTELLECTUAL PROPERTY RIGHTS
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
You must not:
- Modify copies of any materials from the Platform.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: **wecare@keficommerce.com**.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company.
Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
THIRD-PARTY WEBSITES, CONTENT AND SERVICES
The Platform may contain links to third-party websites, applications, or services 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 or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party website, application, or service that you visit.
The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
DISCLAIMER OF WARRANTIES
Your use of the Platform, its content, and any services or items obtained through the Platform is at your own risk. The Platform, its content, and any services or items obtained through the Platform are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation concerning the completeness, security, reliability, quality, accuracy, or availability of the Platform. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Platform, its content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Platform or the server that makes it available are free of viruses or other harmful components, or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
LIMITATION OF LIABILITY
In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The limitations of liability set out above do not apply to liability resulting from the Company's gross negligence or willful misconduct.
GOVERNING LAW AND JURISDICTION
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India.
Any dispute, controversy, or claim arising out of or relating to these Terms of Use, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be New Delhi, India. The language of the arbitration shall be English.
SEVERABILITY
If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
WAIVER AND CUMULATIVE REMEDIES
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the Company. These Terms of Use and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our remedies under these Terms of Use are cumulative and not exclusive of any other remedies available to us at law or in equity.
ASSIGNMENT
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. We may assign or transfer these Terms of Use, at our sole discretion, without restriction.
CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact us at **wecare@keficommerce.com**.