Terms of service
TERMS OF SERVICE AGREEMENT
Welcome to kikoriko.in. This website is owned and operated by Poshtods Enterprises LLP, 3rd floor, 20B/12, Navjivan CHS Ltd, Mori Road, Mahim West, Mumbai, Maharashtra, 400016. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereinafter referred to as the ‘Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
We reserve the right to change this Agreement from time to time with/without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
This Agreement governs your use of this website www.kikoriko.in (hereinafter referred to as the ‘Website’). This Agreement includes and incorporates by this reference, the policies and guidelines referred below. Poshtods Enterprises LLP reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Poshtods Enterprises LLP will/will not alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Poshtods Enterprises LLP encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Poshtods Enterprises LLP for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Responsible Use And Conduct
In order to access our Resources, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
Privacy:
Poshtods Enterprises LLP believes strongly in protecting user privacy, which is why a separate Privacy Policy has been created in order to explain in detail how we collect, manage, process, secure, and store your private information. Please refer to Poshtods Enterprises LLP's Privacy Policy, incorporated by reference herein, that is posted on the Website.
Customer Solicitation:
Unless you notify our third-party call center representatives or direct Poshtods Enterprises LLP sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Poshtods Enterprises LLP and its designated in-house or third-party call team(s).
Opt Out Procedure:
We provide three easy ways to opt out of future solicitations.
You may use the opt-out link found in any email solicitation that you receive.
You may also choose to opt out by sending your email address to: [opt-out email].
You may send a written remove request to Poshtods Enterprises LLP sales representatives. While they are calling you, if you do not express your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Poshtods Enterprises LLP.
Address:
Poshtods Enterprises LLP
3rd Floor, 20B/12, Navjivan CHS Ltd,
Mori Road, Mahim West,
Mumbai, Maharashtra, 400016
Proprietary Rights:
Poshtods Enterprises LLP has proprietary rights. Poshtods Enterprises LLP also has rights to all trademarks and trade dress, as well as specific layouts of this webpage, including calls to action, text placement, images, and other information.
Content, Intellectual Property, Third Party Links:
This Website also offers information, both directly and through indirect links to third-party websites, about (kind of information). Poshtods Enterprises LLP does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Poshtods Enterprises LLP does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws.
You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Poshtods Enterprises LLP does not endorse the contents on any such third-party websites. Poshtods Enterprises LLP is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website:
Poshtods Enterprises LLP is not responsible for any damages resulting from the use of this Website by anyone. You will not use the Website for illegal purposes. You will abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property). You agree to:
- Not interfere with or disrupt the use and enjoyment of the Website by other users.
- Not resell material on the Website.
- Not engage, directly or indirectly, in the transmission of "spam," chain letters, junk mail, or any other type of unsolicited communication.
- Not defame, harass, abuse, or disrupt other users of the Website.
License:
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Poshtods Enterprises LLP or the applicable third party (if third-party content is at issue).
Blogs:
We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally, we do not pre-screen or monitor the content posted by users of these communication tools. This means that if you choose to use these tools to submit any type of content to our Website, it is your personal responsibility to use them in a responsible and ethical manner.
By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
- Contains any type of unauthorized or unsolicited advertising.
- Impersonates any person or entity, including any www.kikoriko.in/Poshtods Enterprises LLP employees or representatives.
We have the right, at our sole discretion, to remove any content that we feel, in our judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal and waive any claim against us.
We do not assume any liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it does not violate or infringe on any third-party copyrights or trademarks, becomes the property of Poshtods Enterprises LLP. As such, it grants us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute it as we see fit.
This applies only to content posted via open communication tools as described and does not refer to information provided as part of the registration process, which is necessary to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.
You agree to indemnify and hold harmless kikoriko.in, a digital property of Poshtods Enterprises LLP, and its parent company and affiliates, as well as their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or failure to fulfill any obligations related to your account incurred by you or any other person using your account.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such an event, you shall provide us with the cooperation reasonably requested by us.
Posting:
By posting, storing, or transmitting any content on the Website, you hereby grant Poshtods Enterprises LLP a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
Poshtods Enterprises LLP does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Poshtods Enterprises LLP is not liable for any damage or harm resulting from any posts by or interactions between users.
Poshtods Enterprises LLP reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content that Poshtods Enterprises LLP deems objectionable, in its sole discretion.
Disclaimer of Warranties:
Your use of this Website is at your sole risk. The Website and its content are offered on an "as is" and "as available" basis. Poshtods Enterprises LLP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Website content, or any reliance upon or use of the Website content.
Without limiting the generality of the foregoing, Poshtods Enterprises LLP makes no warranty that:
- The Website or its content will meet your requirements.
- The Website will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the Website will be accurate or reliable.
- Any defects in the operation or functionality of the Website will be corrected.
Without limiting the generality of the foregoing, Poshtods Enterprises LLP makes no warranty that:
- The information provided on this Website is accurate, reliable, complete, or timely.
- The links to third-party websites contain information that is accurate, reliable, complete, or timely.
- No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation Of Liability
Poshtods Enterprises LLP’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and/or for any breach of this Agreement is solely limited to the amount you paid.
Poshtods Enterprises LLP will not be liable for any direct, indirect, incidental, special, or consequential damages in connection with this Agreement and/or in any manner, including liabilities resulting from:
- The use or the inability to use the Website content.
- The cost of procuring substitute content.
- Any information obtained, purchased, or transactions entered into through the Website.
- Any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
In conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for the use of our resources.
www.kikoriko.in/Poshtods Enterprises LLP will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of:
- Using our resources.
- Any changes, data loss, or corruption.
- Cancellation, loss of access, or downtime.
These limitations apply to the fullest extent permitted by applicable limitation of liability laws.
Indemnification:
You will release, indemnify, defend, and hold harmless Poshtods Enterprises LLP, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:
- This Agreement or the breach of your warranties, representations, and obligations under this Agreement.
- The Website content or your use of the Website content.
- Any intellectual property or other proprietary right of any person or entity.
- Your violation of any provision of this Agreement.
- Any information or data you supplied to Poshtods Enterprises LLP.
When Poshtods Enterprises LLP is threatened with suit or sued by a third party, Poshtods Enterprises LLP may seek written assurances from you concerning your promise to indemnify Poshtods Enterprises LLP. Your failure to provide such assurances may be considered by Poshtods Enterprises LLP to be a material breach of this Agreement.
Poshtods Enterprises LLP will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content, with the counsel of Poshtods Enterprises LLP’s choice at its expense. Poshtods Enterprises LLP will reasonably cooperate in any defense by you of a third-party claim at your request and expense.
You will have sole responsibility to defend Poshtods Enterprises LLP against any claim, but you must receive Poshtods Enterprises LLP’s prior written consent regarding any related settlement.
The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website.
Copyrights / Trademarks
All content and materials available on kikoriko.in, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of Poshtods Enterprises LLP and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site, is strictly prohibited unless specifically authorized by Poshtods Enterprises LLP.
Agreement To Be Bound
BY USING THIS WEBSITE OR ORDERING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.
General Clause
Force Majeure
Poshtods Enterprises LLP will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations due to:
- Earthquake, flood, fire, storm, natural disaster, act of God
- War, terrorism, armed conflict
- Labor strike, lockout, or boycott
Cessation of Operation
Poshtods Enterprises LLP may, at any time, in its sole discretion and without advance notice to you, cease operation of the Website.
Entire Agreement
This Agreement comprises the entire agreement between you and Poshtods Enterprises LLP and supersedes any prior agreements pertaining to the subject matter contained herein.
Governing Law:
This website is controlled by Poshtods Enterprises LLP from our offices located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India, by accessing our website, you agree that:
- The statutes and laws of Maharashtra, India, without regard to its conflict of law principles to the contrary, will apply to all matters relating to the use of this website.
- The United Nations Convention on the International Sales of Goods shall not apply.
Effect of Waiver:
The failure of Poshtods Enterprises LLP to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Governing Law & Jurisdiction
This Website originates from Mumbai, Maharashtra, India. This Agreement will be governed by the laws of the State of Maharashtra, India, without regard to its conflict of law principles.
The Website can be accessed from various countries around the world, and laws in those countries may differ from those of Maharashtra, India. By accessing this Website or placing an order, you consent to the exclusive jurisdiction and venue of the courts located in the State of Maharashtra, India, for any action, suit, proceeding, or claim arising under or related to this Agreement.
Neither you nor Poshtods Enterprises LLP will initiate or prosecute any legal proceedings related to this Agreement outside of the courts in Maharashtra, India.
Additionally, by using this Website, you waive any right to a trial by jury in any legal matter arising from this Agreement or any related documents.
This Website is controlled by Poshtods Enterprises LLP from its offices in Maharashtra, India. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement.
Jurisdiction & Legal Proceedings
Any action to enforce this User Agreement shall be brought in the courts having jurisdiction over such matters, located in Maharashtra, India. You hereby agree to judgments passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections.
Statute of Limitation
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.
Waiver of Class Action Rights
BY ENTERING INTO THIS AGREEMENT, YOU IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE LEGAL ACTION. ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination
Poshtods Enterprises LLP reserves the right to terminate your access to the Website if, in its sole discretion, it determines that you have breached any terms and conditions of this Agreement.
Upon termination, you will no longer be permitted to use the Website. Poshtods Enterprises LLP reserves the right to take necessary measures to prevent unauthorized access. This Agreement will remain in effect indefinitely unless terminated by Poshtods Enterprises LLP.
Domestic Use
Poshtods Enterprises LLP makes no representation that the Website or its content is appropriate or available for use outside India. Users accessing the Website from outside India do so at their own risk and are responsible for compliance with any applicable local laws.
Guarantee
Unless expressly stated otherwise, Poshtods Enterprises LLP and www.kikoriko.in expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Assignment
You may not assign your rights and obligations under this Agreement to anyone. Poshtods Enterprises LLP reserves the right to assign its rights and obligations under this Agreement at its sole discretion and without prior notice.
Agreement Acceptance
BY USING THIS WEBSITE OR ORDERING FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
Contact Information
If you have any questions or comments about our Terms of Service, you can contact us at:
Poshtods Enterprises LLP
3rd Floor, 20B/12, Navjivan CHS Ltd, Mori Road, Mahim West,
Mumbai, Maharashtra, 400016
Email: info@kikoriko.in