Terms & Conditions
This document (“Agreement”) sets forth the Terms and Conditions (“Terms”) that apply to access and use of www.example.com (“Website”), managed and operated by Kiel E-Commerce Private Limited (“Company”), incorporated under the Companies Act, 2013, CIN —, having its registered office at Address line 1\nCity, State, PIN\nIndia.
These Terms are a legally binding electronic record under the Information Technology Act, 2000 and rules thereunder and do not require physical or digital signatures. They are published pursuant to Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
By accepting these Terms or by accessing, downloading, installing, browsing or otherwise using the Website, you (“You”) agree that you have read, understood, acknowledged and accepted these Terms and the Company’s Privacy Policy. PLEASE READ THESE TERMS CAREFULLY.
1. Definitions and Interpretation
1.1 Definitions.
1.1.1 Indian Citizen: a citizen of India who has attained the age of 18 years.
1.1.2 Intellectual Property Right: includes, without limitation, innovations, processes, know-how, source code, content, schematics, patents, trademarks, trade names, designs, copyrights, notes, agreements, formulas, software, etc., including content made available to Users.
1.1.3 Minor: a person below the age of 18 years.
1.1.4 Personally Identifiable Information (PII): information (alone or combined) sufficient to identify an individual.
1.1.5 Privacy Policy: the Company’s privacy policy, as amended from time to time.
1.1.6 Product(s): includes varieties of dry fruits and related commodities offered on the Website.
1.1.7 Services: the Website facilities to browse Products, add to cart and purchase.
1.1.8 Territory: India.
1.1.9 Third Party: banks, associations, companies or entities whose facilities are used to provide Services.
1.2 Interpretation. Singular includes plural and vice-versa; any gender includes the others; references to statutes include amendments and subordinate legislation; headings are for convenience; “including” is illustrative; references to representatives include officers, employees, advisers, agents and authorised representatives.
2. Agreement to Terms
2.1 By browsing the Website, You agree to be bound by these Terms. 2.2 If You do not agree, exit the Website immediately. 2.3 Content on the Website is protected and secured. 2.4 You authorise the Company to share information with group companies, vendors, service providers and relevant third parties to provide Services and value-added offerings. 2.5 The Company may amend Services at its discretion. 2.6 Software/hardware underlying the Website is proprietary to the Company or its providers; access grants no ownership. 2.7 Not all Products/Services are available in all geographies; eligibility is at the Company’s discretion. 2.8 The Company is not liable for loss due to disruptions or failures beyond its control. 2.9 Transactions must be through Your own bank account and be lawful. 2.10 The Company may restrict/suspend accounts for fraud or illegal activity.
3. Use of Website
By using the Website You confirm, among other things, responsibility for maintaining account confidentiality; promptly informing the Company of unauthorised use; the Company may amend Services; proprietary rights remain with the Company/third parties; availability may vary by geography; and the Company is not liable for disruptions beyond its control. Transactions must be lawful and from Your own account. Accounts may be disabled for fraudulent/illegal activity.
4. Eligibility Criteria
4.1 Only Indian Citizens may use Services; non-residents may use Services where delivery is in India and payment is in INR. 4.2 You represent that You are at least 18 and competent under the Indian Contract Act, 1872. 4.3 Guardians acting for minors must have authority; suspected minor accounts may be removed. 4.4 You are not barred by applicable law. 4.5 You are responsible for meeting eligibility.
5. Registration
5.1 To use the Website/Services, register and provide accurate, complete information (“Registration Information”). 5.2 Sign up directly or via permitted social logins. 5.3 Keep Registration Information true, accurate and updated. 5.4 During checkout You may need to provide full name, address, PIN, and payment details (e.g., account/card/UPI). 5.5 An OTP may be sent to complete registration. 5.6 On successful registration, You can access Your account with Your credentials. 5.7 You are responsible for activity under Your username/PIN. 5.8 Do not impersonate, use another’s details, or use details subject to others’ rights without authorisation. 5.9 The Company adopts reasonable technical/organizational measures to secure PII. 5.10 If information is false/misleading or violates Terms, the Company may suspend or block access. 5.11 The Company is not liable for unauthorised hacking leading to data leakage.
6. User Account
You are responsible for all activity under Your account and for safeguarding passwords (use strong passwords and change periodically). Notify the Company immediately of suspected compromise. The Company is not responsible for losses from unauthorised access/use where You failed to protect credentials.
7. Delivery, Return, Refund and Cancellation
See detailed policies: Shipping & Delivery and Returns, Refunds & Cancellation.
8. Intellectual Property Rights
All intellectual property in the Website/Service (including trademarks, logos, graphics, code, descriptions, photographs) vests in the Company. You receive a limited licence to access and make personal use of the Website. You may not copy, modify, create derivative works, reverse engineer, sell, assign, sub-license, or use Company brand features without permission, nor remove proprietary notices, nor use the Website for any commercial purpose or speculative/false/fraudulent transactions. The Company may decline listings/requests at its discretion until consideration is received.
9. Communication Policy
By using the Website and furnishing contact details, You agree to receive communications (offers, shipment info, applications, service assistance) from the Company and authorised third parties via phone/SMS/email/WhatsApp/other means. You consent to follow-ups and waive DND/NCPR preferences for such communications. You will indemnify the Company and its providers against losses arising from misuse, fraudulent information, or incorrect contact details provided by You.
10. Privacy Policy
The Company is committed to securing Registration Information. Purposes for collecting PII include improving Services, internal records, research/analytics and enhancing experience. To withdraw consent or exercise privacy rights, contact privacy@thekiel.com. The Company may disclose information as required by law (e.g., investigations, court orders). See the full Privacy Policy.
11. Confidentiality
You may access Company proprietary information (e.g., features, trade secrets, code, designs, documentation, performance data). You will not use (except as authorised) or disclose such information without prior written consent and will take reasonable measures to keep it confidential.
12. Representations and Warranties
You will not engage in bribery/corruption; will not upload malware; will not engage in antisocial/disruptive acts (spamming, trolling, phishing etc.); will not delete/modify content you do not own; and acknowledge the Company is not responsible for errors/delays/cancellations by financial institutions/regulators. No information on the Website constitutes legal/tax/investment advice.
13. Limitation of Liability and Indemnity
To the fullest extent permitted by law, the Company and its directors/employees/partners/suppliers shall not be liable for losses arising from use of the Website/Services or third-party offerings. You agree to indemnify the Company against liabilities arising from misuse, non-performance of obligations, or misconduct. The Website and Services are provided “as is” and “as available” without warranties of any kind (merchantability, fitness, title, non-infringement, accuracy, availability, or that results will meet expectations). The Company is not liable for payment-related issues beyond its control.
14. Force Majeure
The Company is not liable for failure to perform due to events beyond reasonable control (including system/network outages, breaches/viruses, fire, flood, acts of God, pandemics/lockdowns, civil commotion, strikes, riots, war, government actions, hacking, power failures, or telecom faults). Obligations are suspended while the event continues.
15. Modification and Amendment
The Company may change these Terms and related policies at any time. Continued use signifies acceptance. The Company may discontinue/suspend Services temporarily or permanently with reasonable notice where practicable (e.g., security/maintenance). Do not use the Services for unlawful or infringing purposes.
16. Dispute
Courts at Delhi NCR, India shall have exclusive jurisdiction. Parties consent to such jurisdiction and waive objections to venue/inconvenient forum to the fullest extent permitted by law.
17. Entire Agreement
These Terms, together with Website guidelines/policies (including the Privacy Policy) and any applicable service arrangements, constitute the entire agreement and supersede all prior understandings.
18. Survival
Clauses intended to survive termination (including Limitation of Liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law/Jurisdiction) shall so survive. Termination does not abate accrued causes of action.