Term & Conditions
Welcome to the Kesari Shop , a service provided by Kesari Tours Pvt Ltd. The terms and conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of Kesari Shop by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this service. You can use the Kesari Shop if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and Kesari Tours Pvt Ltd.
Applicable Law
This site is created and controlled by Kesari Tours Pvt. Ltd. in Mumbai India; as such the laws of India shall apply; courts in Mumbai shall have jurisdiction in respect of all the terms, conditions and disclaimers. Kesari Tours Pvt. Ltd. reserves the right to make changes to the site and the terms, conditions and disclaimers.
Definitions:
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time."
"Kesari Shop" or "Site" means the online shopping platform owned and operated by Kesari Tours Pvt Ltd. ("Kesari Shop"), which provides a venue to the users of Kesari Tours to buy the products listed on Kesari Shopping Platform.
"Vendor"/"Seller" shall mean the person or any legal entity who offers for sale, sells the products on Kesari Shop.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on Kesari Shop by placing an order for and or purchases any products offered for sale on Kesari Shop.
"User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site.
Eligibility:
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations. If any point of time Kesari Tours may come to know that the user is below the age of 13 years then Kesari Tours reserves its right to delete the said user's account after observing due diligence.
Term of Agreement/Service:
This Agreement shall continue to be in full force and effect for so long as you are using the Kesari Shop services. Kesari Tours provides the online shopping platform wherein the Users can purchase/buy the products listed on Kesari Shop (the "Services") pursuant to the terms and conditions set forth below. By clicking on the [Close] button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Either you or Kesari Tours may terminate the service at any time, with or without cause. However, Kesari Tours reserves the right, in its sole discretion, to terminate your access to the Kesari Shop services and the related services or any portion thereof at any time, without notice. The provisions of Sections 13,14,15,16 and 18 shall survive any such termination.
Modification of Terms and conditions of Service:
Kesari Tours may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.
Registration Data:
To avail of and use the Services you will have to register with Kesari Shop. As a part of registration process you agree to provide Kesari Shop current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.
If you provide any information that is untrue, inaccurate not current or incomplete or Kesari Tours has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kesari Tours has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to Kesari Shop.
You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Kesari Tours.
You agree and understand that Kesari Shop service is advertising supported and you grant Kesari Tours the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, you agree and grant Kesari Tours the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.
You shall notify shopsupport@kesari.in of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
Electronic Communication:
Users consents to receive communications from Kesari Tours electronically. Kesari Tours will communicate with Users by email or by posting notices on the Site.
Online Shopping Platform:
You agree, understand and acknowledge that Kesari Shop is an online shopping platform, a venue enabling the users to buy any product listed on Kesari Shop at the price indicated on the terms and conditions indicated therein at any time from any place. You further agree and acknowledge that Kesari Shop is not involved in any sale and purchase of goods/products listed on this Site. Kesari Shop is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. Kesari Shop shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.
Kesari Shop shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products.
Kesari Shop does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Kesari Shop.
You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Kesari Shop is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Kesari Shop nor shall Kesari Shop have any obligations or liabilities in respect of such contract. Kesari Shop is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.
Kesari Shop accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Kesari Shop is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.
All orders shall be pre-approved with an acceptable method of payment as established by Kesari Shop which may call for and require additional verification or information.
The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment from the Buyer, the Vendor shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.
Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
Kesari Shop will send transaction status of the order placed via SMS on the registered Mobile no. and a notification will also be sent on the registered Email Id of the customer.
Credit card details:
You agree, understand and confirm that the credit card details provided by you for availing of services on Kesari Shop will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Kesari Shop. Further the said information will be not be utilized and shared by Kesari Shop with any of the third parties unless required by law, regulation or court order.
Confirmation:
You understand, declare and agree that:
- Kesari Shop shall not and is not required to mediate or resolve any dispute or disagreement between you and the Seller.
- You release and indemnify Kesari Shop and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Kesari Shop cannot control the information provided by other Users which is made available on the Site
- Seller shall be responsible to deliver the items to the Buyer within the time period specified for delivery by the Vendor.
- Seller shall be solely responsible for any undelivered or damaged items.
- Seller shall be solely responsible to make good the loss or damage or any claim raised by the Buyer in respect of damaged or non-receipt of items.
- Seller shall be responsible to deliver the products/items of the same quantity and same qualities as are listed on the Kesari Shop and that such products shall correspond with the description of the items listed on Kesari Shop. You further agree and acknowledge that Kesari Tours shall not be liable if the description of goods supplied by the Seller do not match/correspond with the description provided at the time of placing of order by the Buyer.
- Seller shall invoice / bill directly to the Buyer.
- Complete product responsibility and liability solely vest with Seller and Seller is responsible to the Buyer for the sale of the Product to Buyer including but not limited to the delivery of the item/product to the Buyer. Neither Customer nor Seller shall raise any claim on Kesari Shop in this regard.
Suspension due to non-compliance with Agreement:
- Notwithstanding other legal remedies that may be available to Kesari Shop, Kesari Shop may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site.
- If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of Kesari Shop;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users or Kesari Shop.
Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Kesari Tours Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Indemnity:
User agrees to defend, indemnify and hold harmless Kesari Shop, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.
Limitation of Liability:
KESARI TOURS HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. KESARI TOURS EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT KESARI TOURS RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.
IN NO EVENT SHALL KESARI TOURS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KESARI TOURS SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF KESARI TOURS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE KESARI TOURS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KESARI TOURS SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE KESARI TOURS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KESARI TOURS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. KESARI TOURS DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES.
THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.