Terms of service
The domain name www.shopkuhoo.com (hereinafter referred to as “Website”) belongs to a small business, ShopKuhoo, owned by Ms Kuhoo Chandra and is based out of Dehradun, India.
For the purpose of these terms of use, wherever the context so requires, “you”, “yourself”, “client”, “user”, or similar terminology shall mean the individual user of this Website. The terms “we”, “us”, “our”, “ours” shall refer to ShopKuhoo.
We provide our services to you subject to the notices, terms, and conditions set forth in this agreement (hereinafter referred to as the “Terms”). By using the website, you indicate that you acknowledge, understand and consent to be bound by these Terms, including the policies referred to herein. ShopKuhoo retains the right to deny access to anyone who we believe has violated any of these Terms.
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR UNCONDITIONAL CONSENT TO BE BOUND BY THESE TERMS, INCLUDING OUR PRIVACY POLICY AND OTHER POLICIES AS MENTIONED HEREIN. YOU ARE ADVISED TO READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
CHANGES TO THESE TERMS
We reserve the unilateral right to revise these Terms from time to time and at any time at our sole discretion without providing any intimation or notice to you. Any changes, amendments, revisions or modifications to these Terms shall be effective immediately from the date of such upload of the revised Terms on the Website. Your continued use of the Website following the modifications to the Terms and policies would amount to your acceptance of the modified terms and conditions. For this reason, you are advised to frequently review these Terms, and other policies.
CHANGES TO THE WEBSITE
We reserve the right to modify or discontinue the Website (or any part thereof), or change the content, display or form of the Website (or any part thereof) at any time, whether temporarily or permanently, without prior notice. We do not guarantee that the Website, or any content provided or displayed on it, will be free from errors or omissions. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Further, we are under no obligation to update the Website or any of the content provided on it.
ELIGIBILITY
- In order to use the website, you must have attained the minimum age of 18 (eighteen) years and must be capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872). If you are under the age of 18 (eighteen) years, you may use or make any transaction on the Website only with the consent of your parents or legal guardian. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years.
- By using the Website, you hereby represent and warrant to us that you have all right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions thereof.
- Unless otherwise specified, the various products showcased on the Website are currently offered for sale only in India.
Accessing the Website
- In order to use all the features of the Website, you must register yourself with the Website. If you do not wish to register you may purchase products as a Guest User, however, all of the Website features may not be available to you. When using the Website you give us the consent to access and use certain account information of yours, including but not limited to your profile information, your interests and dislikes, and other information as detailed under our Privacy Policy. For more information regarding the type/nature of the information we collect from you and how we use it, please refer our Privacy Policy at here. By continuing using the Website, you acknowledge to have read and accepted our Privacy Policy.
- You shall be responsible for maintaining the utmost privacy and confidentiality of your membership account details you provide to us or on the Website and the same must always be kept private and confidential. You hereby accept the responsibility for all the activities that occur under you membership account.
- The information provided by you during the registration process including information relating to your name, age, contact details, etc. shall be true, accurate, complete, and updated. You agree that if you provide any information that is untrue, incomplete, inaccurate, or not updated or we have reasonable grounds to suspect that such information is untrue, incomplete, inaccurate or not updated, or is not in accordance with these Terms, we shall have the right to temporarily suspend or permanently terminate your Website membership/access.
- If you are accessing, browsing, or using the Website or purchasing the products from us on someone else’s behalf, you represent and warrant that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound to these Terms, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
- You agree to immediately notify us of any disclosure or unauthorized use of your Website account details or any other breach of security. Further, if we find a breach or have the reasons to suspect a breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without causing any liability to ShopKuhoo.
- Prohibited Uses. You shall not use the Website for any illegal, unlawful, unauthorized or prohibited purposes (“Prohibited Uses”) nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). You shall comply with all applicable laws, rules and regulations in your use of the Website. In the event you use Website for any Prohibited Uses, we reserve the right to immediately and without notice, suspend/delete your account and ban you from accessing Website in future.
- We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
Proprietary Rights
You confirm and agree that we and/or our vendor partners are the owners of the proprietary information made available to you through the Website and hereby retain all proprietary rights in the same.
We may upload/publish/post any information and materials on the Website, which may or may not be protected under the Intellectual Property laws. You undertake not to post, copy, reproduce, manufacture, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information or materials in any way, whether directly or indirectly, and for any purpose whatsoever.
Products and Services
We have made every effort to display the colours, images and other specifications of our products on the Website as accurately as possible. However, there may be slight differences in the colour of the actual product and the image of the product shown on the Website. We do not guarantee that your computer monitor's display of any color will be accurate and we shall not be liable for any loss due to slight changes in the color of the product.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Modification to Services and Prices
We reserve the right to change the prices for our products without any prior notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
LICENSE TO USE WEBSITE
We grant you a limited license to access and make personal use of Website, but not to modify it, or any portion of it, except with our written consent. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools.
The Website or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.
Prohibited Activities
ShopKuhoo reserves its right to investigate, suspend and/or terminate, whether temporarily or permanently, your Website account if you undertake any of the following acts:
- breach these Terms of Use, Privacy Policy or Other Policies;
- use the Website for any commercial use or activity not expressly permitted under these Terms of Use;
- use the Website in an illegal manner or commit an illegal act or use the Website not expressly authorized by us;
- use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
- collect any personal information, including contact details, of any Website users by electronic or any other means and for any purpose, not expressly permitted under these Terms of Use;
- interfere with, obstruct, destroy or disrupt the Website or the servers or networks connected to the Website, whether partly or fully and whether permanently or temporarily;
- email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the Website or of any computer software or hardware or telecommunications equipment connected with the Website;
- use meta tags or code or programs or other devices, tools or technology containing any reference to us or the Website (or any trademark, trade name, service mark, logo or slogan of ours or any Website user) to direct any person to any other website for any purpose; or
- directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website.
PRIVACY
By using the Website, you agree to our Privacy Policy, the terms of which are incorporated into, and form an integral part of, these Terms. Our Privacy Policy sets out the terms on which we process any personal or financial data we collect from you, or that you provide to us. Our Privacy Policy shall also apply to your use of Website and by using Website, you consent to such processing and you warrant that all data provided by you is accurate.
Payments
ShopKuhoo uses third party payment gateway Razorpay for processing payment of all orders from the Website. We are not responsible for any delays or cancellation of orders due to any payment related issues. As we do not control the third party’s technology, platforms, systems and processes, ShopKuhoo would not be liable or responsible for any error or fault at the end of such third party payment gateway service providers. You are requested to read Razorpay’s Terms of Use to understand the payment process.
We accept payments for product orders placed on the Website through any of the following modes:
UPI
Debit card or Credit card
Wallets and net banking
Unless otherwise agreed, payment must first be received by ShopKuhoo prior to the acceptance of any order. Invoices are due and payable within the time period noted on the applicable invoice, calculated from the date of the invoice. ShopKuhoo has all the discretion to cancel or deny any orders. We are not responsible for any pricing, typographical or other error concerning the products and reserves the right to cancel any orders arising from any such errors.
CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Cancellation, Refunds and Returns Policy for details with respect to cancellations, refunds and returns of our products.
SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy for details with respect to shipping and delivery of our products.
Warranty disclaimer
The Website is provided on an “AS IS” and “AS AVAILABLE” basis. No warranties of any kind, whether express, implied, direct, indirect, statutory or otherwise with respect to the website or the result of the website (including all information and content contained therein), including any implied warranties of correctness, validity, accuracy, appropriateness, fitness, merchantability or compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet your requirements or expectations, or that any defects in the Website or in the products offered from the Website will be corrected. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website.
From time to time, we may offer new features or tools which our Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty clause shall apply with full force to such features and tools.
We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of the use or non-use of the Website.
Limitation of Liability
In no event shall ShopKuhoo be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services or Products;
- unauthorized access to or alteration of the user's transmissions or data;
- any other matter relating to the services 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 Website.
We shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website. You understand and agree that any material and/or data downloaded from the Website is done entirely at your own discretion and risk and You will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data.
To the maximum extend that is permissible under law, ShopKuhoo’s liability, if any, shall be limited to an amount equal to the value of the Products purchased bought by You.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless ShopKuhoo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these Terms of Use and shall have no impact on the enforceability of any other provisions.
TERMINATION
These Terms are effective unless and until terminated by either you or ShopKuhoo.
You agree that ShopKuhoo, in its sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account (or any part thereof) or your use of the Website at any time.
You agree that any termination of your access to the Website or any account you may have or portion thereof may be without prior notice, and you agree that ShopKuhoo will not be liable to you or any third party for any such termination.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that ShopKuhoo may have at law or in equity.
Any such termination of these Terms shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms.
GOVERNING LAW AND JURISDICITON
These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of courts in Dehradun, India for the settlement of any disputes that may arise.
GRIEVANCE Redressal
In case of any grievance you can email to us at: shopkuhoo@gmail.com
We can be contacted to report abuse, or to complain against any content hosted, transmitted, published, updated or shared on Website.
Last updated on: January 28, 2022