This page informs you about the venture named Klaycart and the legal Terms and Conditions (“T&Cs”) of this Website.
This Website is an initiative of and operated by Kapbro Pharma Private Limited (herein after referred to as the “Company”, “We” “Our” or “Us” as the case may be).
2.1. These Terms & Conditions apply to your use of the Website. By accessing, browsing, registering on, or using this Website in any manner, you confirm that you have read, understood and agree to these Terms & Conditions in their entirety. Please check the Website at regular intervals to determine whether our Terms & Conditions have been updated. Any new terms will automatically be effective when they are published on this Website and you confirm that it is your responsibility to keep yourself up to date with the Terms & Conditions.
2.2. We reserve the right to:
- Amend our Terms & Conditions;
- Refuse any user access to our Website;
- Suspend or terminate user accounts;
- Modify or withdraw (temporarily or permanently) this Website without notice;
- Cancel customer orders at our discretion.
2.3. Based on the fact of your continued compliance with these Terms & Conditions, we grant you a limited, non-exclusive, non-transferable right, to use our Website for your personal and non-commercial use.
2.4. The terms and conditions related to the privacy of your information, the security of the Website, and the purchase, cancellation, return and refund of our Products shall be governed by their respective policies as prominently displayed on this website
4.1. All intellectual property rights (i.e. copyright, trademark etc.) in all products, material, content or software present on the Website, including emails or any other form of communication with you is protected by Indian copyright laws and shall remain at all times vested in the Website.
4.2. You are permitted to use the content posted on the Website only after obtaining express authorisation/consent from us. Accordingly, you may not extract, reproduce, distribute, republish, download, display, post, transmit, or copy in any form or by any means and/or utilise the whole or any part of the Website or its content without our express written consent.
4.3. We provide the functionality to allow shoppers to provide product reviews and testimonials (“User Content”) in relation to the products listed on the Website as well as the operation of the Website itself. Please note that you are solely responsible for such User Content, and you confirm that any User Content you post is truthful and accurate and that you are the sole author of such content. You hereby assign to us all intellectual property rights in any User Content you post on the Website. We reserve the right to remove User Content which in our sole opinion is deemed to be incorrect, offensive, illegal or otherwise unacceptable by us.
Copyright, authors’ rights and database rights
5.1. All content included on the Website, such as panels, text, graphics, logos, icons, images, audio clips, and software, is the property of the Company and is protected by the Laws of India.
5.2. You agree that you shall not create and/or publish your own Website or database that contains in whole or part the contents from this Website without our express written consent.
Disclaimer of Warranties and Limitation of liability
6.1. While we will use reasonable endeavours to verify the accuracy of any information we place on this Website, we make no warranties, whether express or implied in relation to its accuracy or in relation to any transaction that may be conducted on or through this Website or with customer services (including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade).
6.2. Your use of this Website is at your own risk.
6.3. Although this Website follows the highest possible levels of security, we make no warranty that this Website will meet your requirements or will be uninterrupted or error/defect-free, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
6.4. To the fullest extent permissible under Applicable Law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms & Conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
Any loss of goodwill or reputation;
Any special or indirect punitive, incidental, special, consequential damages or any damages whatsoever including without limitation, damages in any way connected with the use or performance of the Website suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms & Conditions.
7.1. Entire Agreement
These Terms & Conditions set out the entire agreement between you and the Website and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
7.2. Governing Law
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at New Delhi.
If you breach these Terms & Conditions and we take no immediate action, this does not mean that we will not be entitled to assert our rights and remedies at a later date.
Each provision of these Terms & Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.