Terms of use & conditions

THIS DOCUMENT IS AN ELECTRONIC RECORD AS DEFINED UNDER SECTION 2(T) OF THE INFORMATION TECHNOLOGY ACT, 2000, AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

In terms of use & conditions, Replacement and Refund Policy (“Policy”), the words "We", "Our" or "The K9 Store" refer to Namitaology & Company, a company incorporated having its registered office at  is 70,Vivekanand Puri, Near Sarai Rohilla Police Station Delhi, India  - Pin 110007, and the words “you”, “your”, “user” or “buyer” refer to each customer or service user or site visitor.


The K9 Store is the author, publisher and owner of website “www.thek9store.in” with any subdomain thereof, its mobile / tablet / console applications or other present or future electronic modes ("Platform"). By accessing, viewing or using the Platform or any of the content on the Platform, you indicate that you understand and intend these terms of use to be the legal equivalent of a signed, binding written contract, and that you accept such Terms of Use and agree to be legally bound by them. If you do not agree with the Terms of Use, you are not granted permission to use the Platform and should exit immediately. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the Platform, or purchasing any of the Products/Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

The user may freely browse through the Platform, however to purchase the Products/Services, the users would be required to register on the Platform. By accessing the Platform, registering or any other means of usage herein, the user shall be deemed to have read and agreed to these terms of Use without requiring any other express, implied or other consent requirement in writing or otherwise.

 

  1. ELIGIBILITY: The user hereby represents and warrants that you:
    1. They are at least 18 (Eighteen) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use.
    2. If You are under the age of 18 (Eighteen) years it is deemed that you are using the Platform under parental/guardian sponsor or supervision, and in accordance with applicable law.
    3. Have the right, authority, and capacity to enter and to fully abide by all the terms of Use of the Platform, as far as age, jurisdiction, laws of land, etc. are concerned.
    4. Are not impersonating any other person and are using your actual identity; and
    5. Agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform.
  2. REGISTRATION, AND USER PROFILE:
    1. Purchase of Products/Services on the Platform requires completion of a simple registration process to create a user profile. The registration and creation of a user profile requires you to reveal your identity and/or other information about yourself, which will be governed by the Platform’s Privacy Policy <Link>.
    2. Users will have an option to register with Platform and create a personal profile on the Platform ("User Profile"), which may enable them to access additional sections on our Platform. By accessing and/or completing the online registration process on the Platform and by creating a User Profile, you confirm acceptance of this Terms of Use and other applicable The K9 Store’s policies regarding the Platform. The K9 Store may, at its sole and absolute discretion, refuse to accept registration applications for the registration and creation of a User Profile.
    3. To create a User Profile, you may either:
      1. acknowledge and agree that you may be required to give information about yourself for your User Profile verification. To complete your User Profile, you will be required to inter alia provide your full name, email address, gender, mobile number(s), date of birth, current city/place of residence etc. Any information provided by you to us should be complete and accurate to the best of your knowledge. We are not obliged to cross-check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
      2. You understand that it is your responsibility to protect certain information relating to your usage of the Platform including, but not limited to your username, password, email address, contact details, mobile number and OTP, if any. You are responsible for maintaining the confidentiality of the password and User Profile, and are fully responsible for all activities that occur under your password or User Profile
    4. By creating an account, you agree to:
      1. Receive certain communications in connection with Platform and the Products/Services including from or on behalf of the Third-Party service providers; and
      2. Receive Products/Services related notifications in the form of SMS, email or mobile notifications.
  3. PRODUCT INFORMATION, PRICING AND PROMOTIONAL DISCOUNTS:
    1. While The K9 Store strives to provide accurate product and pricing information, typographical errors may occur. If a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration or cancel the order and notify you of such cancellation. If you have already paid for the purchase and your order is cancelled, we shall refund the amount of the charge. For more information, please read our Cancellation, Replacement and refund Policy <link>.
    2. The price of all products and services, delivery charges and any other applicable charges are displayed in Indian Rupees (INR). All prices are current at the time of display, but these prices are subject to change without notice
    3. We have made every effort to display as accurately as possible the colors of our products that appear on the site. Further, we have ensured that the measurements, information and description for products/services furnished on the site are best calculated and stated to accuracy and true to its dimensions, fabric and other details. However, due to the inherent characteristics of certain materials, actual measurements of individual items might vary slightly.
    4. We offer you promotional discount codes that are applicable on the purchases made on this site. These discount codes can be applicable on all or certain specified products. Please note that use of only one discount code is permissible per order. You cannot use a discount code if an order is already placed.
    5. We take no responsibility for the services or products that are sold or supplied by third party vendors. We make no warranty to their end users for the quality, safety, usability, or other aspects of a product or service that is supplied by third party vendors.
  4. TAXES: You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cess etc.
  5. CONTRACT FOR SALE OF GOODS:
    1. The parties to the contract are The K9 Store and you. The terms of Use of this Platform constitute the terms and conditions of a binding contract. By placing an order, you confirm that you have read the terms and conditions and accept them.
    2. Payment must be made at the time the products are ordered (unless you opt for the Cash-On-Delivery option). When you place an order, you will be automatically redirected to the secure payment gateways for you to complete payment. We do not keep a record of your credit card details.
    3. We retain the right to accept or deny any offer made. This may be due to the availability of any product, or for any other reason, that may affect our ability to supply the products ordered. No contract is formed until we communicate acceptance of your order.
    4. The electronic contract shall have the same legal force and effect as a written contract signed by you.
  6. USER CONTENT:
    1. Some areas of the Platform allow you to make available certain information such as your name, email address, phone number, address or other information or in the process of using any of the Product or Services shall constitute "User Content". The K9 Store claims no ownership rights over any User Content provided by you; however, by sharing such information, you agree to allow us or others to view and/or share your User Content in accordance with your settings in your profile. Further, The K9 Store shall not retain any of the User Content for longer than is required for the purposes for which the User Content may lawfully be used.
    2. Further, you agree not to post or transmit any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any policy or other applicable policy, including those related to cheating or ethics; (x) interferes with other users of the Platform or Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Platform and Services and deleting or revising any content posted by another person or entity. You agree that any information that you post do not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. The K9 Store reserves the right, but is not obligatory, to reject and/or remove any such User Content that it believes, in its sole discretion, violates these terms.
  7. THIRD-PARTY LINKS- The Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by The K9 Store. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access a third-party website Platform, you do so at your own risk, and you understand that The K9 Store’s Terms of Use and other Policy do not apply to your use of such Websites. You expressly relieve The K9 Store from any/all liability arising from your use of any third-party website, product, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment for Products and Services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that The K9 Store shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
  8. USER GUIDELINES
    1. In consideration of The K9 Store granting you a right to use the Platform, you hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of these Terms of Use and our Privacy Policy. You shall not use the Platform in any manner that could damage, disable, overburden, or impair any - TheK9 Store server, any network(s) connected to any The K9 Store server, or interfere with any other party's use and enjoyment of the Platform. You shall not attempt to gain unauthorized access to any functions and features, other User accounts, computer systems or networks connected to any The K9 Store server, in any manner, including, through hacking, password mining or any other unlawful means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Platform.
    2. You shall, directly or indirectly through third parties, not: (a) make and/or distribute copies of the Platform; (b) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (c) create derivative works of Platform.
    3. You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
    4. You shall request The K9 Store to disable your account and change the password immediately for the account, if your device (wherein Platform account may be signed in) has been lost or stolen.
    5. You are responsible for any and all activities that occur in your account. You agree to notify The K9 Store immediately in the event of an unauthorized use of your user account or any other form of security breach. The K9 Store shall not be liable for any loss to you or your organization owing to negligent action or a failure on your part to inform The K9 Store, within a reasonable time, about loss or theft of your device and/or any unauthorized access to your account, either with or without your knowledge. Further, you shall not use any other person’s account at any time, without expressing prior written permission of the concerned account holder.
    6. You shall be liable for losses incurred by The K9 Store or any other party due to a third party’s use of your account.
    7. You shall ensure that, while using the functions and features of the Platform, all applicable laws, rules and regulations shall, always, be strictly complied with by you. The K9 Store shall not be liable in any manner whatsoever for default of any nature by you.
  9. INTELLECTUAL PROPERTY:
    1. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information (“IP”) belonging to The K9 Store, or third-party service provider or others (including without limitation unlicensed third party content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information.
    2. If The K9 Store becomes aware that one of our users is a repeat IP infringer, it is our policy to take reasonable steps within our power to terminate that User’s account. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes IP infringement, please provide us with relevant documentary and other evidence and we will be happy to take appropriate action accordingly.
    3. The trademarks, logos and service marks ("Marks") displayed on the website are our property and/or the property of The K9 Store. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission from The K9 Store. All information and content including on or through the site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the site for commercial or public purposes.
  10. USER AND THIRD-PARTY DISPUTES: Users are solely responsible for their interactions with Third Party Service Providers. The K9 Store reserves the right, but has no obligation, to monitor disputes between you, other Users and/or Third-Party Service Providers and to immediately terminate the privileges of any User.
  11. TERM AND TERMINATION: This Agreement shall remain in full force and effect while you use the Platform. The K9 Store may terminate your use of/access to the Platform or Products/Services (either case, in whole or part), in its sole discretion, at any time, without warning or notice to you.
  12. DISCLAIMER OF WARRANTIES
    1. USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM/PRODUCTS/SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND THAT USE OF PLATFORM SHALL BE AT SOLE RISK OF USER. THE K9 STORE, ANY SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE AND AGENT ("THE K9 STORE PARTIES") EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CONNECTION WITH THE PLATFORM, PRODUCTS AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Platform OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
    2. Without limiting the generality of the foregoing, The K9 Store makes no warranty and will not be liable, in any manner whatsoever, for claims pertaining to malpractice, negligence, deficiency in Product or Services on the part of a Third Party Service Provider and/or such other claims pertaining to, including, without limitation: (a) quality, authenticity and availability of the services and products; (b) delay in performance/delivery or non-performance/delivery of the services and products availed/procured; (c) injury, death and/or side effects caused due to the services and products availed/procured; and (d) non-maintenance or any loss of any User Content..
    3. You accept and acknowledge that The K9 Store does not verify any content or information provided by or obtained from either the Users or Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Platform, the Products and Services, data and reports by Third Party Service Providers, representations and warranties made by the other parties on the Platform or any opinion or suggestion given or expressed by The K9 Store or any Third-Party Service Provider in relation to any Services provided by The K9 Store.
    4. The K9 Store is not responsible for the conduct verification, whether online or offline, of any User of the Product or Services or Third-Party Service Provider. The K9 Store assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any User Content or The K9 Store Content or data from any Third-Party Service Provider.
    5. Under no circumstances shall The K9 Store be responsible for any loss or damage, including personal injury or death, resulting from use of the Product or Services, from any User Content or The K9 Store Content posted on or through the Platform, or from the conduct of any Users of the Platform or Third-Party Service Provider, whether online or offline. The K9 Store cannot guarantee and does not promise any specific results from use of the Services.
    6. This Platform is controlled and operated from India and The K9 Store makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge and absolve The K9 Store from any liability or loss in this respect.
    7. The K9 Store reserves the right to introduce and initiate new features, functionalities and components to the Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, The K9 Store is entitled to discontinue (either permanently or temporarily) one or more of the Products or Services provided or terminate the Platform without any prior notice to you.
  13. Dispute Resolution- If any dispute, controversy or claim arises under this Agreement, including any question regarding the existence, validity or termination of this Agreement (hereinafter “Dispute”), the parties shall use all reasonable endeavors to resolve such Dispute amicably through mediation and consultation. If the parties are unable to resolve the Dispute amicably within 30 (Thirty) days of the notice of such Dispute, the Parties shall resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter mentioned to as to "Act"). The Dispute shall be resolved by a sole arbitrator, mutually appointed in accordance with the Act. The seat of the arbitration shall be New Delhi, and the language of this arbitration shall be English. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi. Any arbitration shall be confidential, and the Parties shall not disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitral award. All administrative fees and expenses of arbitration will be divided equally between the Parties. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
  14. GOVERNING LAW AND JURISDICTION- Any dispute or claim arising out of or in connection with the Policies shall be governed by and construed in accordance with the law of The Republic of India and the courts of New Delhi, India shall have the exclusive jurisdiction to entertain any disputes.
  15. LEGAL- The K9 Store reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the website and/or terminating the offending User's ability to access the Platform and/or use the Product and Services.
  16. FORCE MAJEURE: The K9 Store and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder (other than any payment obligation) is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labor disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
  17. INFRINGEMENT NOTIFICATION
    1. If you believe that any The K9 Store content, User Content or material posted or otherwise made accessible on this Platform, violates these Terms of Use, or is prohibited or restricted by applicable laws, rules and regulations, or violates your proprietary rights, or is abusive or threatens and harms other users of this Platform, please compile the following information and email it to contact@thek9store.in and which email shall contain at least the following information:
      1. a clear identification of the allegedly prohibited/unlawful/abusive material on the Platform (with specific URL reference);
      2. your contact details: name, address, e-mail address and phone number;
      3. in case of an alleged violation of proprietary rights (including copyright, trade-mark or privacy rights), a statement that you believe, in Product faith, that use of proprietary material allegedly infringed on Platform is not authorized by you or your agent or law;
      4. a statement that you believe, in Product faith, that such material is prohibited/unlawful/abusive; and
      5. a statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on your behalf.
    2. The email notification provided by you under this clause shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms of Use.
    3. In such an event, The K9 Store may contact you for any further information and reserves the right to determine, at its sole discretion, whether such The K9 Store Content violates these Terms of Use or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any malafide use of the notification process set out above, The K9 Store reserves the right to restrict your access to the Platform.
  18. INDEMNITY:
    1. You agree to defend, indemnify and hold harmless The K9 Store and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform and Products and Services, including any data or content transmitted or received by you; (ii) your violation of any terms of Use and other policies of this Website, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Platform with your unique username, password or other appropriate security code.
       
    2. Further, you agree that, if you are using our Platform on behalf of a business, that business accepts these terms. It will hold harmless and indemnify The K9 Store and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Platform and/or Products and/or Services or violation of any of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
  19. LIMITATION OF LIABILITY
    1. IN NO EVENT SHALL THE K9 STORE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODS WILL OR BUSINESS REPUTATION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE K9 STORE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE K9 STORE (IN THE FORM OF COMMISSION AS MARKETPLACE) FOR THE SERVICES DURING THE TERM OF USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT THE K9 STORE SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  20. WAIVER AND SEVERABILITY OF TERMS: The failure of The K9 Store to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  21. ASSIGNMENT: You may not assign your rights and obligations under these Terms of Use without the prior written consent of The K9 Store. The K9 Store may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Platform.
  22. AMENDMENT: The K9 Store reserves the right to add, modify, amend, cancel, limit, vary or change, either wholly, or in part, at any point in time, the Terms of Use, without prior notice. Further, The K9 Store reserves the right to withdraw, suspend, alter, modify, change or vary the Platform, the Platform features, the Platform content, Services or parts thereof, at its sole discretion, without prior notice. All modifications / amendments to the Terms of Use will be posted on the Platform and will become effective immediately upon such posting on the Platform. Your continued use of the Platform after such change or modification shall be deemed to be your agreement to the revised/modified Terms of Use.
  23. NO OBJECTION- User hereby expresses that it has no objection upon any call/SMS/ Communication by The K9 Store, any third party on its behalf or any other party authorized by The K9 Store, communicating to User with regard to the Services. Notwithstanding User's registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accord its willful consent to receive communication (including commercial communication) in relation to The K9 Store’s Goods/Services. User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI and other alike authorities in other country’s guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User.
  24. CONTACT US: Please feel free to contact us in case of any queries, grievances or to report any abuse or violations of terms, by emailing at contact@thek9store.in.