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Terms & Conditions

ACCEPTANCE OF TERMS

Kyoona provides the Service (defined below) to you, subject to the following Terms of Service (“Service Terms”), which may be updated by us from time to time without notice to you. You can review the most current version of the Service Terms at any time at our website. In addition, when using particular Kyoona services or third party services, you and Kyoona shall be subject to any posted guidelines or rules applicable to such services as may be posted at the relevant time. All such terms, are incorporated by reference into the Service Terms. In most cases the terms are specific to a particular part of the Service and will assist you in applying the Service Terms to that part, but to the extent of any inconsistency between the Service Terms and any guide or rule, the Service Terms will prevail. We may also offer other services from time to time that are governed by different Terms of Services, in which case the Service Terms do not apply to such other services if and to the extent expressly excluded by such different Service Terms. All the services offered through the website are available for a service worldwide.

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell, purchase or bid for any items on the Site.

 

CHARGES AND PAYMENT

Membership on the Site is free. Our website does not charge any fee for browsing, bidding and buying on the Site. Before you purchase any item for sale on the Site, we request you to review our Payments Policy which is hereby incorporated by reference into these Service Terms. Our website reserves the right to change its Payment and Credit policies from time to time. In particular, Kyoona may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event Our website reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.. Unless otherwise stated, all amounts shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. Our website reserves the right to issue warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to our website. Our website also reserves the right to take legal action in case of non-payment of any amounts due to our website. We offer free shipping on all orders. You shall comply with all applicable Domestic (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 our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services.

 

METHOD OF PAYMENT

We have tied-up with a leading international secure payment gateway service provider to enable the purchase through all leading credit cards, debit cards and direct transfer from banks. A customer can opt for payment either through Credit card, Debit card or bank transfer using the online interface provided on the website.

Your registration obligations:

In consideration of your use of the Service, you agree to:

Provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kyoona has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kyoona has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. We are concerned about the safety and privacy of all our users.

Member account, password and security

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kyoona of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Kyoona cannot and will not be liable for any loss or damage arising from your failure to make such compliance as required hereunder.

Indemnity

You agree to indemnify and hold Kyoona, its suppliers, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, violation by you of the Service Terms, or violation by you of any rights of any other person, or your breach of any applicable law.

Modifications to service

Kyoona reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason whatsoever, whether generally or limited to you only. Notice of such modification or discontinuation may or not may not be issued to you. Kyoona shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.

Kyoona’s proprietary rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part.

Limitation of liability

You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:

  • The service, the materials and the products
  • The use or the inability to use the service
  • The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the service

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service please read this Sections carefully. Kyoona and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

Notice

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the Service Terms or other matters by displaying notices or links to notices to you generally on the service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.

Trademark information

Kyoona word, Kyoona logo and product and service names are trademarks of Kyoorius Spaces LLP. (“Registered trade marks”). Without Kyoona’s prior permission, you agree not to display or use in any manner the Registered trade marks.

Rights of third parties

You acknowledge that our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, all affiliates, and our officers, agents and employees, are, where applicable, intended to be third party beneficiaries.

 

CONTENT

  1. The Content displayed on the Platform is created by the Company and is subject to copyright, which is owned by the Company and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner:-
  2. The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any User who is found to have submitted any Content or part thereof that is found to be untrue/inaccurate/misleading, offensive.
  3. 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 in the form of ratings and review that is deemed to be untrue, inaccurate or misleading.

 

REFUND AND CANCELLATION

Kyoona reserves the right to refuse a return or cancellation when deemed fit and necessary.

 

TERM & TERMINATION

  1. 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 Services and Platforms.
  2. A User may terminate their use of the Services and the Platform at any time.
  3. The Company may terminate these Terms and close a User’s 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.
  4. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
  5. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
  6. The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
  7. The Platform also reserves the universal right to deny access to particular User, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other users to the Platform.
  8. The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Customers, or to change any of the features or introduce new features without prior notice.
  9. The Customer 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.

 

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images or designs and other distinctive brand features, save according to the provisions of these Terms.

 

FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

 

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising there from will be resolved through a Alternate Dispute Resolution (“ADR”) mechanism. The Arbitral Tribunal shall comprise of a Sole Arbitrator appointed by mutual consent. The decision of the Sole Arbitrator shall be final and binding on the parties. The place of Arbitration shall be at Mumbai only, and the language of Arbitration shall be English. The costs of arbitration shall be shared equally by the Parties. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

 

JURISDICTION

The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of Mumbai.

 

GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to [email protected]

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