TERMS AND CONDITIONS
Introduction
THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN
ELECTRONIC DOCUMENT THAT IS LIKE AN ELECTRONIC AGREEMENT MADE UNDER INFORMATION
TECHNOLOGY ACT, 2000 AND THE RULES THAT FOLLOW IT AND THE CHANGED PARTS ABOUT
ELECTRONIC DOCUMENTS / RECORDS IN DIFFERENT LAWS THAT ARE CHANGED BY THE
INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DO NOT NEED ANY PHYSICAL,
ELECTRONIC OR DIGITAL SIGN.
THESE TERMS OF USE IS A LEGAL DOCUMENT BETWEEN USER AND
Kingmart (BOTH TERMS EXPLAINED BELOW). THESE TERMS OF USE WILL START WHEN YOU
ACCEPT THEM (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY AN ELECTRONIC
RECORD) AND WILL DECIDE THE RELATIONSHIP BETWEEN USER AND Kingmart FOR USING
THE WEBSITE (EXPLAINED BELOW).
THIS DOCUMENT IS MADE AND SHOULD BE UNDERSTOOD AS PER THE
RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES,
2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT SAY TO MAKE THE RULES AND
REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR GOING TO OR USING THE WEBSITE.
These Terms of Use of the website at the URL www.kingmart.in
and mobile app with the name "Kingmart" (the Website) is between
Kingmart (hereinafter called " Kingmart " or "We" or
"Us" or "Our") and the guest users or registered users of
the Website (hereinafter called "You" or "Your" or
"Yourself" or "User") tell the terms on which Kingmart lets
You go to the Website and other services that are related to it
("Services").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR
REGISTERING ON THE WEBSITE OR GETTING ANY MATERIAL, INFORMATION OR SERVICES
THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT
USE THE WEBSITE.
These Terms of Use at https://www.kingmart.in/terms-of-use,
the Terms of Sale at https://www.kingmart.in/terms-of-sale, the Privacy Policy
at https://www.kingmart.in/ privacy-policy, the other policies of the Website
at www.kingmart.in under "Policy Info" section or somewhere else on
the Website, the Seller Agreement at sellers.kingmart.in (if You are a seller
of the products on the Website) and any other terms which may apply to some
Services ("Additional Service Terms") along with all other notices,
warnings, rules on the Website sometimes (together called
"Agreement(s)") make the whole agreement on which You are allowed to
go to and use the Website and get the Services.
If you are using the Kingmart mobile app or getting the
Services through the Kingmart mobile app, then while these Terms of Use will
apply to such use, there may be more terms (such as the terms by mobile app
stores like Apple's iTunes, Android's play store, Microsoft's store sometimes)
which will decide the use of the mobile app. These more terms as much as they
apply are here taken to be part of these Terms of Use by way of saying so.
General
Kingmart is an ecommerce portal made under the laws of India, with its Bihar office at Kingmart.in, C/O GRPS Corporate Private Limited, Badheya Hathua Mirganj Gopalganj Bihar-841436 and Delhi Office: Kingmart.in C/O GRPS Corporate Private Limited, F/F Block-A Bhagawati Garden Near Atul Chowk, Uttam Nagar New Delhi-110059 India. Kingmart is an in-between in the form of an online market and is only for running the Website to let seller show, tell, display, make available and offer to sell the products and to let buyer buy the products so offered ("Products"), and other Services related to it ("Services") including using the Website by any User."
Kingmart may change these Terms of Use at any time and so
the Users should read these Terms of Use carefully before using the Website.
The changed Terms of Use will be on the Website. You should go to the Website
often to see the latest Terms of Use. If the Website has this feature, You can
see when Kingmart changed any part of the Agreement by looking at the
"Last Updated" date on that document. It is your duty to check these
Terms of Use for changes. Kingmart may ask you to agree to any change in a
certain way before you use the Website and the Services more. If Kingmart does
not ask for your separate agreement, your use of the Website and/or Services
after the changes will mean that you accept those changes.
If there is any difference:
1. Between the Privacy Policy and any other Agreement, the
Privacy Policy will be more important but only for the difference;
2. Between the Additional Service Terms and any other part
of these Terms of Use, the Additional Service Terms will be more important for
that Service;
3. Between the Seller Agreement and any other part of these
Terms of Use, the Seller Agreement will be more important but only for the
difference;
4. Between these Terms of Use and any other notices,
warnings or rules on the Website, these Terms of Use will be more important but
only for the difference.
Services
The Website is an electronic place in the form of an online
market and an in-between that:
1. Gives a place for Users (who are sellers) to show, tell,
make available and offer to sell different Products to other Users (who are
buyers / customers), and
2. A place for such other Users to agree to buy the Products
offered by the sellers on the Website and to pay the sellers for buying the
Products, and
3. Services to help the buyers and sellers to do business on
the Website, and
4. Other services that are related to it. The Services are
given to the Users in different ways which may include giving coupons and
vouchers that can be used for different Products.
Eligibility to Use
The Services are not for children under the age of eighteen
(18) or for any Users who are stopped or removed from the Kingmart system by
Kingmart for any reason. If you are not allowed as per the above sentence, You
cannot use the Services or the Website. You say that You are old enough to make
a legal agreement and are not a person who is stopped from getting the Services
under the laws in India. Even if you say that, if You are below the age of
eighteen (18) years, please read these Terms of Use with your parent or legal
guardian, and in such a case these Terms of Use will be an agreement between
Kingmart and Your legal guardian or parent and as much as the laws allow, can
be used against You.
Kingmart has the right to stop access to use the Services on
the Website to new Users or to end access given to old Users at any time
without giving any reasons for doing so.
You should not have more than one active Account (explained
here) on the Website. Also, you are not allowed to sell, trade, or give Your
Account to another person.
User Account, Password, and Security
1. You can go to and use the Website and the Services as a
registered user or as a guest user. But, not all parts of the Website and
Services will be open to guest users.
2. Registered users: Kingmart lets you use some parts of the
Services through the Website only if you give Kingmart some needed User
information and make an account and a Kingmart ID with a log-in ID and password
("Account"). You can make your Account on the Website by logging in
with your other website user ID and password like that of www.facebook.com,
Yahoo Inc. or its companies, Google Inc. or its companies, twitter or any other
social media website or any other Internet service that the Website allows
(Kingmart ID and/or other third party login names as given above are one by one
and together called the "Account Information").
When you register as a User by making an Account to use the
Services on the Website, you will have to keep the Account Information secret
and safe, and you are fully in charge of all things that happen under your
Account. You agree to (a) tell Kingmart right away of any wrong use of your
Account Information or any other security problem, and (b) make sure that you leave
your Account at the end of each time. Kingmart cannot and will not be
responsible for any loss or damage because of your not following this part. You
may have to pay for losses caused to Kingmart or any other user of or visitor
to the Website because of right or wrong use of your Account because of your
not keeping your Account Information secret and safe.
You should make sure that the Account Information that you
give in the Website's registration form is full, correct and up-to-date. Using
another user's Account Information to use the Services is not allowed.
If you give any information that is false, wrong, old or not
full (or becomes false, wrong, old or not full), or Kingmart has good reasons
to think that such information is false, wrong, old or not full, Kingmart has
the right to stop or end your Account and say no to any and all current or
future use of the Website / Services (or any part of it).
3. Guest users: The Website also lets some use of the
Services for Users who are not registered (also called as 'guest users'). Such
users will be able to look at the Website and use the Services to buy goods,
and make orders. But, you will not be given access to some benefits that are
only for registered users. These benefits may change sometimes.
4. Depending on whether you are a seller or a buyer or
another user who wants to use the Website, and the kind of Services you want to
use from the Website, you may have to give some personal information and
Kingmart may get some personal information. How you give, and how Kingmart
gets, keeps, uses, tells and deals with such personal information will be as
per Kingmart's privacy policy, which is at
https://www.Kingmart.com/privacy-policy ("Privacy Policy").
Payments related Information
1. Right now, Kingmart does not ask for any money for using
the Website or buying the Products on the Website. Kingmart may ask Users some
money for using the Website and Services completely, or some parts of the
Website / Services. You agree to pay any such money, as may be needed for the
Services that You use. Kingmart will try to make sure that You know about any
money needed for a certain use of the Website / Services, and also how much
money You have to pay for any such use of the Website / Service. You agree that
Kingmart may, at any time, ask, change or remove money needed to use the
Website. Your use of the Website / Services after such change in the money will
mean that You accept such changes, and these Terms of Use will apply to such
changes.
2. You agree to give right and true financial information,
such as credit/debit card details to the approved payment service or pre-paid
payment thing account details or net banking or UPI account details for using
Services on the Website. You should not use the credit/debit card or pre-paid
payment thing or net banking details or UPI ID which is not yours by law, i.e.
in any payment, You must use Your own credit/debit card or pre-paid thing
account or net banking account or UPI ID. The information given by You will not
be used or shared with any other party unless needed for fraud checks or by
law, rule or court order or as per the terms of the Privacy Policy. You will be
the only one in charge of the safety and privacy of Your credit/debit card
details or pre-paid thing account or net banking details or UPI ID. Kingmart
clearly says no to all responsibilities that may come from any wrong use of
Your credit/ debit card or pre-paid thing account.
3. You agree to give right and true financial information,
such as credit/debit card details to the approved payment service or pre-paid
payment thing account details for using Services on the Website. You should not
use the credit/debit card or pre-paid payment thing which is not yours by law,
i.e. in any payment, You must use Your own credit/debit card or pre-paid thing
account. The information given by You will not be used or shared with any other
party unless needed for fraud checks or by law, rule or court order or as per
the terms of the Privacy Policy. You will be the only one in charge of the
safety and privacy of Your credit/debit card details or pre-paid thing account.
Kingmart clearly says no to all responsibilities that may come from any wrong
use of Your credit/ debit card or pre-paid thing account.
4. Kingmart may have some deals with its banks, about limits
on the money You can pay (if You are a buyer) or get (if You are a seller) in
one payment. Kingmart will try to make sure that You know about such limits if
they may apply to You. But, Kingmart will not be responsible at all for any
loss or damage that happens directly or indirectly because of the no of
approval for any payment, because of You/cardholder having gone over the limit
agreed by Kingmart with its bank sometimes.
5. For your paying money for buying the Products on the Website,
besides the Agreement(s), the rules of your bank, right financial place and/or
card giving group may also apply to you. Your bank, financial place or card
giving group may say no or stop you from paying money online for buying the
Products on Website and Kingmart does not have power over it and will not be
responsible for it.
6. Payment Help for your orders: Kingmart may sometimes make
deals with other payment service places including banks to open special bank
account under Indian laws, to help the payment between Users i.e. buyers and
sellers and for getting Kingmart's money and other costs. These other payment
service places may have other banking or credit card payment ways, payment
groups, pre-paid things, cash on delivery or paper / order on delivery service
places, mobile payment service places or through any help as may be allowed by
the Reserve Bank of India for getting, giving back and sending, as the case may
be of payment or helping it in any way. Kingmart will start the sending of the
payments made by you for your buying orders on the Website after the Products
are sent to you and the date of finishing of deal will be after the Products
are sent to you and some other extra time as may be agreed between Kingmart and
sellers.
User Duties and Role of Kingmart
1. If you follow the Agreement(s), Kingmart gives you a
not-only-for-you, not-able-to-give-to-others, not-able-to-move, able-to-stop,
and limited right to go to and use this Website and the Services given in it.
2. You agree to use the Services, Website and the Content
(as explained here) given in it only for reasons that are allowed by: (a) the
Agreement(s) (including these Terms of Use); and (b) any right law.
3. You agree to follow all limits on spreading, using and
copying any things (such as the Product lists) that you get on the Website as
per part 7.
4. You agree not to go to (or try to go to) the Website or
Services by any way other than through the ways that are given by Kingmart. You
should not use any deep-link, robot, spider or other automatic thing, program,
way or method, or any same or same manual way, to go to, get, copy or watch any
part of the Website or Content (as explained below), or in any way copy or
avoid the way of moving or showing of the Website, to get or try to get any
things, papers or information through any way not clearly given through the
Website.
5. If you think that any Content or User Content (as
explained here) or other content on the Website does not follow the terms of
the Agreement(s) or right law, you may tell about such content in the way given
in part 14 here.
6. The Website may let you put some content, data or
information of your own such as letting you rate Products, seller, write your
comments, and reviews about Products on some pages of the Website, as well as
send any ideas, comments, questions or other information to Kingmart using the
Website / Services (all called "User Content"). You, being the maker
of the User Content, are in charge of the User Content that you put, write, show,
send or make available on the Website. You say that you have got all needed
permissions and approvals to put any User Content. You also say that all such
User Content will follow the right law. You agree that Kingmart does not
support any User Content on the Website and is not responsible or answerable
for any User Content. Kingmart can stop access to the User Content on the
Website.
7. You give Kingmart a lasting, not-able-to-take-back,
worldwide, free and able-to-give-to-others right and permission to use, copy, share,
show, publish, send, make available, copy, change, make the User Content
different. You say and promise that you have or control all of the rights to
the User Content that you put or that you give on or through the Website; and
that, on the date that the User Content is put or given on the Website: (i) the
User Content is true; (ii) use of the User Content you give does not break
these Terms of Use; and (iii) that such User Content is right.
8. You agree, understand and accept that the Website is an electronic
place in the form of an online market and an in-between that gives an
electronic place where different Users may meet and talk with each other online
to do business and pay. You also agree and accept that Kingmart is only a
helper and is not and cannot be part of or control any way any showing, making
available, offer to sell or deals of sale or buying of Products on the Website.
Kingmart is not the seller of the Products. So, any deal for the sale / buying
of Products on the Website is a two-way deal between You and the sellers (if
You are a buyer) or You and the buyer (if You are a seller). Kingmart does not
tell you to buy or sell any Products on the Website nor does Kingmart support
any such Products and nor does Kingmart give any promise, guarantees or
sureness about the showing, making available, offer to sell or deals of sale or
buying of Products on the Website. Also, Kingmart does not promise, guarantee
or give any sureness on how any User of the Website acts including any promise,
guarantee or sureness that any User (whether buyer or seller) will finish any
deal or act in a good way.
9. When you use the Website and/or the Services you agree
not to put, show, change, publish, send, or share any information or Content
that: is owned by another person and that the User does not have any right to; is
very bad, troubling, rude, harmful, dirty, sexual, hurting children, lying,
going into another's privacy, hateful, or against any race, or bad, related to
or making money in wrong ways or gambling, or not right in any way; hurts
children in any way; pretend to be any person or thing, or lie or wrongly say
or show your link with a person or thing;"
You agree not to put, show, change, publish, send, or
share any information or Content that:
Hurts the oneness, honesty, safety, or power of India, good
relations with other countries or public peace or makes people do any crime
that can be punished or stops finding out any crime or is rude to any other
country; breaks any patent, trademark, copy right or other ownership rights; has
software viruses or any other computer code, files or programs that try to
stop, damage or limit how any computer thing works; lies to or tricks the
person who gets such messages or tells any information that is very bad or scary;
do anything that stops or troubles going to the Website or the Services (or the
servers and networks which are linked to the Website); try to go to any part or
feature of the Website, any other systems or networks linked to the Website, to
any Kingmart server, or to any of the Services given on or through the Website,
by hacking, password stealing or any other wrong ways; check, scan or test the
weakness of the Website or any network linked to the Website, or break the
safety or checking steps on the Website or any network linked to the Website.
You may not look back, follow or try to find any information on any other user,
of or visitor to, the Website, or any other customer of Kingmart, including any
Kingmart Account not owned by You, to its source, or use the Website or Service
or information given or offered by or through the Website, in any way whether
or not the aim is to tell any information, including but not limited to
personal identity information, other than Your own information, as given by the
Website; stop or trouble the safety of, or otherwise harm, the Website, systems
things, accounts, passwords, servers or networks linked to or that can be
reached through the Websites or any related or linked sites; use the Website or
Content for any reason that is not right or not allowed by the Agreement, or to
ask for doing any wrong thing or other thing that breaks the rights of Kingmart
or other third parties; change or remove any writer names, legal or other right
notices or ownership names or labels of the place or source of software or
other thing in a file that is put;
break any rule of behavior or other rules, which may be
needed for or to any certain Service; break any right laws or rules for the
time being in force inside or outside India; break the terms of the Agreement.
10. You agree that You are the only one in charge to
Kingmart and to any third party for any breaking of Your duties under these
Terms of Use or other Agreements and for the results (including any loss or
damage which Kingmart or its related or its sellers may have) for any such
breaking.
11. Kingmart does not check User Content before. Kingmart
has no duty to watch any User Content. But, Kingmart at its choice and/or as
per right law may watch any User Content and may remove any User Content from
the Website if Kingmart decides in its only choice that such User Content
breaks these Terms of Use or any right law. When Kingmart removes any User
Content from the Website, Kingmart will try to tell the user who had put such
User Content. Such actions do not in way change or make less Kingmart's place
as an in-between or put any responsibility on Kingmart about User Content.
12. You have to take care of the computer / mobile things,
internet links and other software and things that you may need to go to, use
and pay on the Website. You may have to pay access or data money to other
parties for your buying and/or use of the services. You are in charge of all
such money.
13. You have to use this Website, and any voucher/coupons bought
through it, only for your own, not-for-money use and not sell them to anyone
else.
14. You may have to put updates that we or any other party
bring from time to time to use the services, Products, Website including
downloads and needed working, such as bug fixes, patches, better functions,
missing plug-ins and new versions (all called "Updates"). Your use of
the Products or Website you have put needs that you have agreed to get such
asked Updates.
15. Any buying of the Products from the Website will be for
your own use. If you want to buy in big amount contact or tell kingmart with
your GST number. The User clearly agrees that any goods or Services bought by
the User will not be sold, sold again, traded or used in any way for any
money-making purposes or for profit. The User agrees that the Products bought
are not able to be moved to any other party for profit. So, Kingmart keeps the
right to cancel any orders that are called as 'Bulk Order' as decided by
Kingmart as per some rules. Any rewards or benefits given by Kingmart and used
by You for making the 'Bulk Order' will not be given back. An order can be
called as 'Bulk Order' if it meets some rules made by Kingmart for the reason
of finding 'Bulk Order', including but not limited to:
I.
Products ordered for money-making selling and
not for own use;
II.
Many orders made for same product at the same
address;
III.
Big amount of the same product ordered;
IV.
Wrong address given in order details; or
V.
Any wrong way used to make the order.
16. There may be some orders that Kingmart cannot do or give
buyer's order to the seller and must cancel. Some situations that may cause
Kingmart's not able to do or give buyer's order to the seller include, without
limit, not- availability of the Website service, big force, credit limits or
thought fraud.
17. In case buyer buys many Products in one payment, the
Seller(s) may send all such Products together. But, this may not always be
possible. If buyer buys many Products in a single payment, then all the
Products would be sent to a single delivery address given by buyer at the time
of buying. If buyer wants to get delivery of the Products to different
addresses, then buyer should buy the Products under different payments and give
different delivery addresses for each payment, as may be needed. Buyer agrees
that the delivery of the Products can be made to the person who is there at the
shipping address given by You.
18. In some cases, where buyer needs some services for a
Product, such as warranty, after-sales or putting services, buyer shall
directly contact seller or the maker. But, in the event, buyer contacts
Kingmart for the same, Kingmart may tell the seller to give or help giving such
services to the buyer. Kingmart is not and will not be forced to give any such
extra services. Kingmart's role in helping such services will be limited to
helping talking between buyer and the seller for the reason of giving such
extra services.
You say and promise that (i) You are not in a country that
the U.S. Government has stopped trade with, or that the U.S. Government has
called a "terrorist supporting" country; and (ii) You are not on any
U.S. Government list of people or groups that are not allowed or limited.
Use of Content
• Unless it is clearly said otherwise in any other Service Terms
that may apply, Kingmart gives You a not-only-for-you, able-to-stop and
not-able-to-move right to see, get and print product lists on the Website, if
you follow these rules:
You may go to and use the product lists only for your own,
information, and inside purposes, as per these Terms of Use;
You may not change or make different product lists on the
Website;
You may not share or sell, rent, lease, let or make the
product lists on the Website available to others; and
You may not remove any words, copy right or other ownership
notices in the product lists on the Website.
• The rights given to You in the product lists or any other
things as said above do not apply to the design, layout or look of the Website.
Such parts of the Website are protected by ownership rights and may not be
copied or copied partly.
• Any software that is on the Website belongs to Kingmart or
its sellers. You may not use, get or put any software on the Website, unless it
is clearly allowed by the Agreement or by the clear written permission of
Kingmart.
Ownership Rights
• The Website and the processes, and how they are chosen and
arranged, including but not limited to all words, pictures, user ways, visual
ways, sounds and music (if any), artwork and computer code (all called the "Content")
on the Website are owned and controlled by Kingmart or its owners and the
design, structure, choice, working together, saying, look and feel and
arrangement of such Content are protected by copy right, patent and trademark
laws, and other ownership rights. By using the Website, you do not get any
rights to such Content. Kingmart keeps the right to change or make different
the Content from time to time at its own choice.
• The trademarks, logos and service marks shown on the
Website ("Marks") belong to Kingmart or their sellers or other third
parties. You are not allowed to use the Marks without the earlier permission of
Kingmart, the seller or the third party that may own the Marks.
• Unless it is said otherwise or anything is different or
any owned thing by a third party and so clearly said, Kingmart owns all
ownership rights to and into the trademark "Kingmart", and the
Website, including, without limit, any and all rights, name and interest in and
to copy right, related rights, patents, useful models, designs, know-how, trade
secrets and inventions (patent waiting), goodwill, source code, meta tags,
databases, words, content, pictures, icons, and links.
• Except as clearly given here, you agree and accept that
You shall not copy, show again, write, show, change, send, copy or share any
Content through any way without getting the needed permission from Kingmart or
other party owner of such Content.
Third Party Content
You can find other information on the Website, such as
product lists, product details, dealer names, news, fun, tech and other things,
ads with videos, pictures and photos of the products, links to other websites
and other data from outside places ("Third Party Content"). This
Third Party Content is only for general information. You agree that the Third
Party Content given to You comes from places that are thought to be good or
given by the sellers when they show and sell the Products on the Website. All
Third Party Content is given 'As Is'. Kingmart may not own or have the rights to
any such Third Party Content, or give any promise about how true, right, good,
not breaking or fit for a certain use any Third Party Content is. Kingmart will
not be responsible for any loss you have because of using or trusting such
Third Party Content.
If any Third Party Content has links to other websites, and
You go to any such outside link, You agree to do it at your own risk, duty and
answerability. Kingmart does not promise or say anything about, or support, any
website linked to the Website / Services or the information or any of the
products or services there.
Disclaimer of Warranties & Liability
THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD
PARTY CONTENT ARE GIVEN BY KINGMART "AS IS" WITHOUT ANY PROMISE OF
ANY KIND, SAID, MEANT, BY LAW OR OTHER, INCLUDING THE MEANT PROMISES OF RIGHT,
NOT BREAKING, GOOD OR FIT FOR A CERTAIN PURPOSE. WITHOUT CHANGING THE ABOVE,
KINGMART DOES NOT PROMISE THAT
(I) THE WEBSITE OR THE SERVICES WILL MEET YOUR NEEDS OR YOUR
USE OF THE WEBSITE OR THE SERVICES WILL BE NON-STOP, ON TIME, SAFE OR WITHOUT
MISTAKES;
(II) THE RESULTS THAT YOU MAY GET FROM USING THE WEBSITE OR
SERVICES WILL BE GOOD, TRUE OR TRUSTABLE;
(III) THE WEBSITE OR SERVICES WILL BE AS YOU WANT; OR THAT
(IV) ANY MISTAKES OR PROBLEMS IN THE WEBSITE ORSERVICES WILL
BE FIXED. NO SUGGESTION OR INFORMATION, BY TALKING OR WRITING, THAT YOU GET
FROM KINGMART OR FROMTHE WEBSITE / CONTENTOR FROM USING THE SERVICES WILL MAKE
ANY PROMISE NOT CLEARLY SAID IN THESE TERMS OF USE.
AS MUCH AS THE LAW ALLOWS, KINGMART WILL NOT BE LIABLE FOR
ANYTHING RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTTHAT COMES UNDER
OWNERSHIP RIGHTS, LIES, PRIVACY, PUBLICITY, DIRTY OR OTHER LAWS. KINGMART ALSO
SAYS NO TO ALL LIABILITY WITH RESPECT TO THE WRONG USE, LOSS, CHANGE OR NOT
AVAILABLE OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
YOU CLEARLY UNDERSTAND AND AGREE THAT, AS MUCH AS THE LAW
ALLOWS KINGMART WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY HAVE BECAUSE OF
WRONG USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION WITH THE WEBSITE OR ANY
SERVICES, WITH OR WITHOUT YOU KNOWING. KINGMART HAS TRIED TO MAKE SURE THAT ALL
THE INFORMATION ON THE WEBSITE IS RIGHT, BUT KINGMART DOES NOT PROMISE OR SAY
ANYTHING ABOUT THE QUALITY, TRUTH OR HOW MUCH OF ANY DATA, INFORMATION, PRODUCT
OR SERVICE.
KINGMART WILL NOT BE IN CHARGE OF THE LATE OR NOT ABLE TO
USE THE WEBSITE OR RELATED WORKINGS, THE GIVING OF OR NOT GIVING WORKINGS, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, WORKINGS AND RELATED PICTURES GOT
THROUGH THE WEBSITE, OR ELSE FROM USING THE WEBSITE, NO MATTER WHAT THE REASON
IS.
ALSO, KINGMART WILL
NOT BE ANSWERABLE FOR NOT HAVING THE WEBSITE WHEN DOING REGULAR FIXING OR ANY
NOT PLANNED STOPPING OF GOING TO THE WEBSITE THAT MAY HAPPEN BECAUSE OF
TECHNICAL PROBLEMS OR FOR ANY REASON OUT OF KINGMART 'S POWER.
THE USER KNOWS AND AGREES THAT ANY THING OR DATA GOT OR ELSE
GOT THROUGH THE WEBSITE IS DONE ALL BY THEIR OWN CHOICE AND RISK AND THEY WILL
BE THE ONLY ONE IN CHARGE OF ANY DAMAGE TO THEIR COMPUTER THINGS OR LOSS OF
DATA THAT COMES FROM GETTING SUCH THING OR DATA. KINGMART IS NOT IN CHARGE OF
ANY WRITING MISTAKE THAT MAKES A WRONG COUPON. KINGMART SAYS NO TO ANY ANSWER
FOR ANY MISTAKES OR MISSING THINGS, WITH RESPECT TO ANY INFORMATION GIVEN TO
YOU BY ITSELF OR THIRD PARTIES.
If You have bought / got the Website from any online app
places, whether given by Apple, Inc., Google, Inc. or Blackberry Limited (or
their related groups) (all called "Store Providers"), and there is
any problem of the Website and / or Services, You may do what the Store
Provider says under the rules of the deal between You and such Store Provider.
The Store Providers will not be in charge of any
(i) promise duties of Kingmart and related things, losses,
charges, damages, money or costs;
(ii) product answer / customer protection things, and things
related to the Website's not following any laws; and
(iii) any other party things of breaking ownership rights by
the Website / Kingmart.
Making Safe and Limit of Answer
You agree to make safe, fight and keep away from trouble
Kingmart, its groups, related, sellers, people and their own leaders, officers,
workers, workers and people (here after one by one and all together called
"made safe parties") from and against any and all losses, charges,
things, suits, events, fines, interests, damages, asks, money and costs
(including legal and other fees and money in connection with it and interest on
it) said against or had by the made safe parties that come out of, from, or in
connection with (i) Your breaking of the Agreement(s); or (ii) any things made
by any other party because of, or from, or in connection with, Your use of the
Website; or (iii) Anything that any Third Party Content / content, information
or things given by You made damage to a third party; or (iv) Your breaking of
any rights of another, including any ownership rights.
Kingmart may tell You of any things which You will be in
charge of making safe Kingmart against. You will then have to talk with
Kingmart about what to do in fighting such a thing. Also, You will not agree or
end anything or say any answer or wrong doing on the part of Kingmart without
the clear earlier written permission of Kingmart which can be stopped or said
no or made by Kingmart in its own choice.
No matter what is different in the Agreement(s), Kingmart's
all and total answer to You under and in relation to these Terms of Use or else
will not be more than the bigger of Indian Rupees One Hundred (INR 100) or the
amount of money, if any, paid by You to Kingmart under the related order to
which the reason for the answer relates.
No matter what is different in the Agreement(s), Kingmart,
its groups, related, and their own leaders, officers, workers, partners or
sellers will not be in charge of any special, extra, not direct, coming after,
very good or very bad damages at all, including those from not using, data or
money, whether or not you could see it or whether or not Kingmart knew of the
chance of such damages, or based on any reason of answer, including breaking of
deal or promise, carelessness or other wrong action, or any other thing from or
in connection with Your use of or going to the Website, Services or Content.
Terms
•The Agreement will keep working until ended by You or
Kingmart as said below. If You want to end Your deal with Kingmart, you may do
so by (i) not going to the Website; or (ii) closing Your Account for all of the
Services that You use, where Kingmart has given this choice to You.
•You agree that Kingmart may, by its own choice and without
telling before, end You’re going to the Website and stop Your future going to
the Website if Kingmart finds that You have broken the terms of these Terms of
Use or any other Agreement(s). You also agree that any breaking by You of the
Agreement(s) will cause damage that cannot be fixed to Kingmart, for which
money damages may not be enough, and You agree to Kingmart getting any stopping
or fair help that Kingmart thinks is needed or right in such situations. These
ways to fix are in addition to any other ways to fix Kingmart may have by law
or in right.
•Also to Clause above, Kingmart may, at any time, with or
without telling, end these Terms of Use (or part of it, such as anyone
Additional Terms) with You if:
Kingmart has to do so by law (for example, where the giving
of the Services to You is, or becomes, not right), or when asked by any law
people or other government people;
The giving of the Services to You by Kingmart is, in
Kingmart's opinion, no longer good for money;
Kingmart has chosen to stop, with or without reason, going
to the Website, the Services (or any part of it); or in the event Kingmart
faces any not expected technical problems or problems that stop the Website and
/ or Services from working.
•Kingmart may also end or stop all or a part of Your Account
or going to the Services with or without reason. Except as may be said in any
Additional Terms that may apply to a certain Service, ending of Your Account
may include: (i) removing of going to all things in the Website or with respect
to the Services; (ii) stopping going to the Account Information, including Your
personal information, log-in ID and password, and all related information,
files and things with or inside Your Account (or any part of it), and any User
Content put by You; and (iii) stopping more use of the Services.
•You agree that all endings will be made in Kingmart's own
choice and that Kingmart will not be in charge of You or any third party for
any ending of Your Account (and with it removing of Your Account Information),
or You’re going to the Website and Services.
•No matter what is said before, these such terms of this
Agreement as are meant to keep working after ending / finishing of this
Agreement, will keep working always unless and until Kingmart chooses to end
them. Kingmart may tell the sellers who have agreed to Your buying orders on
the Website, that this Agreement is ended, and after such information sellers
may cancel the buying order. Kingmart may also cancel all You’re not-done
orders on the Website without any duty or answer to You."
Rules and Courts
These Terms of Use and all deals made on or through the
Website and the link between You and Kingmart will follow the laws of India
without looking at other laws.
You agree that all things, changes and fights that come
under or in link with or about the Website, these Terms of Use, the
Agreement(s) or any deals made on or through the Website or the link between
You and Kingmart will be under the only power of the courts at New Delhi, India
and You here agree to and take the power of such courts. Each party here gives
up any problem which such party may now or later have to the wrong place or not
easy place. Each party agrees that a decision in any such action or event may
be made to work in other places by suit on the decision or in any way given by
law. Any and all service of process and any other notice in any such suit,
action or event about this Agreement will work against a party if given as
given here.
Tell Abuse and Take Down Policy
If You find any abuse or breaking of these Terms of Use or
if You know of any bad content on the Website, or if You think your ownership
rights have been broken in any way through the Website, please look at the
Kingmart Tell and Take Down Policy available at [this link] (https://www.scribbr.com/paraphrasing-tool/)
or under "Policy Info" part.
Talks
When You use the Website or send emails or other data,
information or talk to Kingmart, you agree and know that You are talking with
Kingmart through electronic records and You agree to get talks via electronic
records from Kingmart from time to time and as and when needed. Kingmart will
talk with You by email or by notices on Website or electronic records on the
Website or on Your mobile number which will be enough service of notice /
electronic record as much as any right law lets,
General Things
•Notice: All notices about these Terms of Use from
Kingmart will be given to You by email or by general notice on the Website. Any
notice given to Kingmart as per these Terms of Use should be sent to Grievance
Officer at grievanceofficer@kingmart.in.
•Assignment: You cannot give or else move the
Agreements, or any rights given here or any duties, to any third party and any
such giving or moving or said giving or moving will be not valid from the
start. Kingmart's rights and/or duties under the Agreement are free to give or
else move by Kingmart to any third parties without the need of asking Your
earlier agreement. Kingmart may tell You of such giving or moving as per the
notice needs under the Agreement. Kingmart will have right to move Your Account
and Account Information to a third party who buys Kingmart's business as done
under the Website.
•Separation: If a court says that any part of the Agreement,
or some of it, cannot be followed, that part will be followed as much as
possible to keep the meaning of what both parties wanted, and the rest of the
Agreement will still work. Kingmart may change that part in a fair way to make
it followable and such change will work as per the change terms of these Terms
of Use.
•Giving up: If a party does not or is late to use or
do any part of the Agreement, or any related right, it does not mean that party
gives up that part or right. If a party uses or does one or more of its rights
here, it does not mean that party gives up, or stops using or doing, any rights
or ways to fix things that it has under these Terms of Use or by law or right.
Any giving up by a party must be written and signed by a right officer of that
party.
•One to One Link: You and Kingmart are separate
workers, and nothing in these Terms of Use will make a partnership, joint work,
group of people, agent (told or not told), business, sales person, or work link
between You and Kingmart. To be careful, it is clear that Kingmart will not
have any right to make any deal for selling or buying Products for and / or for
You and both You and Kingmart have made this agreement on one to one basis.
•Big Force: If Kingmart or other third parties who help
with any buying or selling deal (for example: moving service, filling place,
payment ways etc.) cannot or are stopped, late or troubled to do any service or
duty under these Terms of Use or other Agreement because of work fights,
strikes, acts of God, floods, lightning, bad weather, less materials, limiting,
utility or talk problems, earthquakes, war, change, acts of terror, people
trouble, acts of enemies, block, stop trade or any law, order, saying, rule,
law, ask or need of any government or any court or person of any such
government, or any other act at all, whether same or not same to those in this
part, which are out of the fair control of Kingmart or its third parties who do
such services as sub-worker to Kingmart and could not have been stopped by fair
care (each, a "Big Force Event"), then Kingmart will not have to do
such performance as much as and while such Big Force Event. Kingmart will try
its best to keep doing its duties here.
•Grievance
Officer: To follow Information Technology Act, 2000 and the rules
under it, the Problem Officer of Kingmart for this Agreement will be Mr. Sanjay
Kumar Yadav with email address: grievanceofficer@Kingmart.in
Kingmart may change these details from
time to time and tell You.
Feedback and Information
Any feedback You give to this Website will be thought to be
not secret. Kingmart can use such information any way it wants. Also, by giving
the feedback, You say and promise that (i) Your feedback does not have secret
or owned information of You or of others; (ii) Kingmart does not have to keep
the feedback secret, said or meant, with respect to the feedback; (iii)
Kingmart may have something like the feedback already thinking or making; and
(iv) You do not have any right to any money or payback of any kind from Kingmart
for the feedback in any situation.
To make clear, Kingmart may, as it chooses, make any changes
to the Website, Content and / or Services based on such feedback, but Kingmart
does not have to do so. Also, if Kingmart makes any changes to the Website, Content
and / or Services based on any such feedback, You will not have any rights or
name (including any ownership rights) in such changes to the Website, Content
and / or Services. You clearly give up any and all rights in such changes to
the Website, Content and / or Services, and give to Kingmart, all world rights
and name (including any ownership rights) to such changes to the Website,
Content and / or Services, always. You here give up all rights under Section
19(4) of the Indian Copy Right Act, 1956, or other same parts in laws of any
place, about any such changes to the Website, Content and / or Services.