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Terms of Use

These Terms of Use  are applicable for the use of Company’s software and services and is subject to the terms and conditions between the customer and Kobster E-Shop Private Limited having its registered office at 51-B, Mount Poonamalle Road, Saint Thomas Mount Chennai- 600016 India, which is branded as KobZo . By signing this Term, You are registering yourself to purchase the products listed by the vendor on the Platform (“Services”).

Access and use of the Platform are subject to the following Terms that You have read, understood, and agreed to be bound. Any other services offered by the Company or other features, content, or applications offered from time to time through the Platform are governed by the following terms.

1.Eligibility

  1. You are eligible to use the Services, if and only, you comply with the following conditions:
    1. You have completed the legal age of 18 years;
    2. You are competent to enter into a legally binding contract; and
    3. You are not barred from entering into a contract by any applicable law for the time being in force.
  2. In case you are not an individual but wish to use the Services as a legal entity, then you should comply with the following conditions:
    1.  You are fully authorized to represent your legal entity to receive the Services;
    2. The legal entity you are representing is a duly organized and validly existing under the applicable laws; and
    3. The legal entity has obtained all such licenses and permissions which are in full force and effect.
  3. You further represent and warrant that:
    1.  You have the right, authority, and capacity to enter into this Terms of Use;
    2. You agree that in order to use and have access to the Services available on the Platform, you will have to register with the Platform;
    3. You are neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company;
    4. You are entitled to submit the information to the Platform and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;
    5. Your use of the Services does not violate any applicable law;

2.Registration

  1. You are required to sign up and create an authenticated account (“Account”) by providing all the required information in order to access or use the Services (“Sign-up Process”). You shall identify a user name and password and provide certain personally identifiable information including without limitation, name, age, entity name, contact details, etc. in order to obtain an Account with the Platform.
  2. You shall: a) provide true, accurate, current, and complete information as prompted by the Sign-up Process; and b) maintain and promptly update the information provided during Sign-up Process to keep it true, accurate, current, and complete at all times. In the event, You provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate Your account and refuse current or future use of any or all of the Services.
  3. You shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their account. You agree to notify the Company immediately of any unauthorized use of their username and passwords or any other breach of security.
  4. You agree and understand that the Platform is an internet-enabled electronic platform that facilitates communication for the purpose of corporate procurements. The Company strictly encourages You to exercise reasonable diligence as You would adopt in traditional offline channels and practice judgment before purchasing the products on the Platform.
  5. The Company will not be liable for any loss or damage arising from the failure on your part to comply with this clause. Further, You shall agree to indemnify and hold the Company harmless from any claims or damages suffered by the Company due to any improper or illegal use of the account.

3.License

  1. The Company grants you a non-exclusive, revocable, non-transferable, and limited license to access and use the Services on your personal device as made available through the Platform. The Company may, from time to time, update or modify the features of the Platform, release new versions, or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above. You shall not be permitted to sublicense or transfer any of your rights hereunder including without limitation, access to the Platform through the respective login credentials authenticated for You. Unless agreed otherwise in writing with the Company, nothing in the Terms gives You or any third party a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

4.User Content

  1. The platform allows you to upload/submit your personal information including but not limited to your name, address, mobile phone number, email address, location coordinates and other information (“User Content”) which may be hosted, shared or published as part of providing the Services, and may or may not be visible to other registered users of the Company. You own all of the User Content, network data, and other information that you may upload on or share through the Company. However, you agree to grant a non-exclusive, transferable, royalty-free, sub-licensable and worldwide right and license to the Company, to use, copy, moderate, modify, distribute, publish and process the User Content, without any further consent. Further, the Company is not obligated to publish any information or User Content on the Platform and can remove it at its sole discretion, with or without notice.
  2. You represent that you shall not have any objection to such User Content and also agree not to hold the Company solely responsible for the User Content made and for the consequences of uploading them. The Company is only acting as a repository of data, User Content and those submissions made by You do not represent the views/ clarifications of the Company and Company makes no guarantee as to the validity, accuracy, or legal status of any User Content.

5.Purchase

  1. Depending on Your search on the Platform, the Platform will display the available products for sale. You are free to select any Vendor depending on Your requirement. Upon selection of a particular product, You can contact the Vendor by sending a message or calling on the contact number given by the Vendor or any other means of communication. The sale or purchase and the delivery of the product are at Your discretion. The Company takes no responsibility upon connecting You and the Vendor. The Company only acts as a facilitator for the interaction between You and the Vendor, by providing its Platform. The Company is not a party to any agreement between You and the Vendor.
  2. The complete process of listing the products by Vendor, searching for the required product by You, buying the selected products, making the payment for the purchase made, etc. shall be online. The delivery of the products shall be as agreed between You and the Vendor and the Company shall hold no responsibility in such a case.

6.Return, Replacement, and Refund

  1. The products ordered from the Platform and successfully delivered to You by the respective Vendor may be returned to the Vendor in accordance with the terms specified by the Vendor.
  2. The products will not be accepted by the Vendor if:
    1. the products have been damaged by You;
    2. if there is a change in the quality, quantity or other characteristics of the product;
    3. if the product returned is not the product that was delivered;
    4. any other circumstances that the Platform and/or the Vendor may notify or deem appropriate from time to time;
  3. In case of returns/Exchange, it should be initiated within 15 days of order delivery and tags on the product should be intact and should be returned along with the original packing. Further, the product should be unused and in an undamaged condition.
  4. You and the Vendors shall comply with all the applicable laws as amended from time to time.

7.Term and Termination

  1. These Terms shall remain in full force and effect unless and until your account is terminated as provided herein. Any licenses contained in this Terms will terminate automatically without notice if you fail to comply with any provision of this Terms.
  2. The Company further reserves the right to terminate this Terms or discontinue the Services being provided through Platform or any portion or feature thereof for any or no reason and at any time without liability to You.
  3. You may also terminate these Terms for any or no reason and at any time. Upon such termination for any reason, You shall cease to have access to the Platform. However, You agree that User Content may be stored in the servers of the Platform even after termination to comply with the applicable laws. It is agreed that your grant of non-exclusive, transferable, royalty-free, sub-licensable and worldwide right and license to the Company, to use, copy, modify, distribute, publish and process the User Content that is already posted shall survive the termination of this Terms.
  4. The Company will not be liable for any costs, expenses, or damages as a result of the termination of these Terms.

8.Disclaimer and Limitation of Liability.

  1. The Company, in any circumstance, shall not be responsible for any design, copyright or any other Intellectual Property infringement committed by the Vendor for the purpose of its/his/her services and the Vendor shall be solely responsible for such infringement.
  2. The Company strictly encourages you to exercise reasonable diligence as you would adopt in traditional offline channels and practice judgment before committing to or complete the intended purchase, sale, or exchange of information from other users of the Platform.
  3. The Company makes no representation, warranty, or guarantee as to the quality, accuracy, completeness, performance, or fitness of any guidelines, services, tools, etc. provided through the Platform. The Company does not take any guarantee of any loss caused due to the actions of the Vendors. The contents of the Platform could include technical or typographical errors. Any reliance you place on such information is therefore strictly at your own risk.
  4. You agree not to hold the Company or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various Vendors directly and we do not have any role in the creation, publication or distribution of the posting, listing or information.
  5. You agree and acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions.
  6. The Company tries to keep the platform, bug-free, and safe, but You agree to use it at Your own risk. The Platform is providing the Services as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  7. The Company tries to protect Your data on the Platform, but You agree to upload/keep Your data at Your own risk. The Platform is not responsible for misuse of Your data by another user or by a third party.
  8. The Company does not guarantee that Your data will always be intact or that Your data will not be erased or formatted. however, the Company shall take necessary precautions to the best of its abilities to safeguard Your data without being erased or lost.
  9. The Company does not guarantee that the platform will always be safe, secure, or error-free or bug-free or that the Platform will always function without disruptions, delays, or imperfections.
  10. The Company does not warrant that: (a) the Services will meet Your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) any information that You may obtain from the Platform will be accurate or reliable; (d) the quality of any products, services or other information obtained by You through the Platform will meet Your expectations; or (e) any errors in any data or software will be corrected; or (f) that the Services will be merchantable and will not infringe upon any intellectual property rights.
  11. The Company is not responsible for the actions, content, information, or data of third parties, and You release the company, the company’s directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim You have against any such third parties.
  12. The Company will not be liable to You for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with these terms of the Platform.
  13. In certain jurisdictions, applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to the user. In such cases, the company’s liability will be limited to the fullest extent permitted by applicable law.
  14. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any platform or combination thereof, including injury or damage to You or to any other person’s computer related to or resulting from participating in connection with the web or in connection with the Services provided by the Platform.
  15. This Limitation of Liability shall apply to all claims of liability whether direct, indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with these Terms or Your use of the platform or due to specifications, content, or other products and services provided by the Platform, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not You have been advised of the possibility of such loss or damage. the foregoing limitations will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose.

9.General

  1. These Terms along with the privacy policy make up the entire Terms between You and the Vendor regarding the use of the Platform and the Services and supersedes any prior agreements or understandings.
  2. If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
  3. The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
  4. Any amendment to or waiver of these Terms must be made in writing and signed by the Company.
  5. You will not transfer any of your rights or obligations under these Terms to anyone else without the Company’s consent.
  6. All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in these Terms shall prevent the Company from complying with the applicable laws.
  8. These Terms do not confer any third-party beneficiary rights.
  9. You should carefully read the Company’s Terms of Use as it governs the Company’s treatment of any information, including personally identifiable information You may submit on the Platform.
  10. The Company reserves all rights not expressly granted to You. It further reserves the right to limit Your use of the Services, including the number of your connections, curtailing storage space for Your User Content on the Company’s cloud server, and Your ability to contact other registered users of the Platform. The Company reserves the right to restrict, suspend, or terminate Your account if it believes that You may be in breach of these Terms or law or are misusing the Services.
  11. The Company reserves the right to research and publish general user behavior categorized at its discretion.
  12. The validity, construction, and performance of these Terms shall be construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the competent Courts of Chennai. The Company expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
  13. If under any law, You are entitled or obligated to act contrary to these terms, You consent to provide the Company with a comprehensive explanation of the reasons for such action in writing at least 30 (thirty) days before you act in such manner.
  14. You will comply with all applicable laws when using or accessing the Services.

By using the Platform, You agree to the Company’s Terms of Use and further consent to receive an account and feature e-mails, calls, and messages from the Company.

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