Terms & Conditions

Introduction

Welcome to K MALL BY KARISHMA (Company, we, our, us)!

These Terms of Service (Terms, Terms of Service) govern your use of our website located at kmallbykarishma.com (together or individually Service) operated by K MALL.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (Agreements). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at kmallbykarishma@gmail.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at kmallbykarishma@gmail.com.

Purchases

If you wish to purchase any product or service made available through Service (Purchase), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that:

you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that
the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, Promotions) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Content

Content found on or through this Service are the property of K MALL sales or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone2019s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:

Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Service.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company rating.
Otherwise attempt to interfere with the proper working of Service.

Pricing

The Company strives to ensure that the prices of all products for sale are accurate and up to date. However, the prices of certain products may not be current or accurate from time to time due to technical issues, typographical errors, or incorrect product information provided to the Company by third-party sellers. In each of these cases, regardless of the circumstances, the Company reserves the right to cancel the order without further liability.

Subject to the foregoing, the price specified when ordering a product will be the price charged at the time of delivery, provided that no product offered for sale on the Marketplace will be sold at a price greater than its MRP (maximum retail price).

Disclaimers

You acknowledge and agree that you are using the website services and transacting at your own risk, and that you will use your best and prudent judgement before entering into any transactions. The Company makes every effort to accurately represent available products, including colour, size, shape, and appearance. However, the actual colour, size, shape, and appearance may differ from the representation on your mobile/computer screen.
The Company makes no representations or warranties about the products available on the Marketplace, and it does not support or endorse the sale or purchase of any products on the Marketplace, either implicitly or explicitly. The Company accepts no liability for third-party errors, inaccuracies, or omissions, or for information/inputs received from third parties and provided to you through the Marketplace or otherwise.
You acknowledge and agree that the Company shall have no right, title, or interest in any product(s) that are the subject of a bipartite sale and purchase contract between you and the relevant third party seller at any time. The Company has no control over the quality, failure to provide, or any other aspect of the product(s), and is not liable for damages or delays caused by products that are out of stock, unavailable, or back ordered.

Governing and authority

The User Agreement shall be governed by and construed in accordance with Indian law, without regard to conflict of laws principles.

Any disagreement or difference, whether based on interpretation or otherwise, regarding any of the terms of this agreement shall be referred to an independent arbitrator to be appointed by the Company. The decision of such an arbitrator shall be final and binding on the parties. The arbitration shall be conducted in accordance with the 1996 Arbitration and Conciliation Act, as amended or replaced from time to time. The arbitration will take place in Delhi, and the language of the proceedings will be English.

Subject to the foregoing, the Courts of Delhi shall have exclusive jurisdiction over any proceedings arising out of or in connection with the User Agreement.

User care

The manufacturer will provide any relevant warranties and guarantees for the Products, and

You can get in touch with the manufacturer directly using the contact information provided on the product box. The Company is only a retailer and disclaims all responsibility for any production flaws, product quality, taste, or performance issues.

You acknowledge and agree that the Product images are merely representations of the Product and not the actual Product that was sold to You, and that before consuming the Products, You Shall Read The Physical Product Label For The Calorific And Nutrition Value, Using Instructions, Batch, Manufacture Date, Content, Weight, Manufacturer And The Customer Care Details, As May Be Relevant. Although every effort is made to keep the information on the platform accurate, actual product packaging may have more and/or different information than what is displayed on the platform. REFERENCE TO THE INFORMATION PRESENTED ON THE REAL PRODUCT PACKAGING IS RECOMMENDED.

The Company retains the right to refuse to process transactions from Users who have a history of dubious transactions, including without limitation, breaches of agreements by the User with the Company, violations of the law, charges imposed by the bank, and policy violations, without providing a justification. Before accepting the User order, the Company may, in its sole discretion and for security or other reasons, conduct any checks that it deems appropriate.

After conducting such checks, the Company will have the option to refuse such an order if it is unsatisfied with the User reliability or the transaction veracity. If Company suspects something, it may, in its sole discretion, postpone the shipping or cancel any transaction.

Watch out for fraud:

Please don’t provide anybody pretending to be a company representative your debit/credit card number, CVV number, OTP, UPI/ATM pin, or any other sensitive information. NEVER will the company or its authorized agents ask you to divulge the aforementioned information. Avoid scammers, and please report incidences to Your bank, the closest police station, and https://cybercrime.gov.in/ as soon as possible.

Go to the Get Help area of the app to request help with a K MALL order or refund issue.

Please use caution to check any portals, website connections, or payment links provided via social media that purport to be from K MALL or a similar company. You should also be wary of proactive calls from unknown numbers asking for personal or financial information.

Overview of services

The Marketplace is a platform for domestic consumers to transact with third-party sellers who have been granted access to the Marketplace to display and sell products. To be clear, the Company does not provide any services to users other than the Marketplace as a platform for users to transact at their own risk and expense, and other services may be specifically notified in writing.

The Company is not and cannot be a party to any transaction between you and the third-party sellers, nor does it have any control, involvement, or influence over the products you purchase from such third-party sellers or the prices such third-party sellers charge. As a result, the Company disclaims all warranties and liabilities related to any products offered on the Marketplace. Services on the Marketplace are restricted to certain geographies in India and are subject to restrictions based on third-party sellers business hours and days.

If the minimum order value is not met, transactions through the Marketplace may be subject to a delivery charge. Such delivery charges will be disclosed to you during the checkout process for a Marketplace transaction.

Transactions made through the Marketplace may incur a convenience and security fee. Such convenience and security fees will be disclosed to you during the checkout process for a Marketplace transaction.

Eligibility

Persons who are incompetent to contract under the Indian Contract Act of 1872, such as minors, undischarged insolvents, and so on, are not eligible to use/access the Marketplace. If you are a minor, meaning if you are under the age of 18, you may use/access the Marketplace with the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are, however, prohibited (even under the provision) from purchasing any product(s) intended for adult consumption and prohibited from selling to minors.

The Marketplace is designed to be a platform for end-users looking to buy products for domestic self-consumption. If you are a retailer, institution, wholesaler, or other business users, you are not permitted to use the Marketplace to purchase products from third-party sellers who have been granted access to the Marketplace to display and sell their products.

The Company reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Marketplace, in its sole discretion and without liability, if:

It is discovered or brought to the Company attention that you do not conform to the eligibility criteria, or
The Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or
You may breach the terms of this User Agreement. The Company uses an algorithm and/or pre-determined criteria-based technology to determine compliance with eligibility criteria, and as a result, your usage may be restricted or blocked from time to time due to overlap with such algorithms/predetermined criteria. In such cases, please contact us for assistance if you are a genuine domestic user of the Platform.
Authorization and access

K MALL allows you a limited sub-license to access and use the Marketplace for personal purposes, but not to download (other than page caching) or modify it, or any portion of it, without the Company express prior written consent. This limited sublicense does not include/allow any resale or commercial use of the Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; or any derivative use of the Marketplace or its contents.

Any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.

Without the express prior written consent of the Company, the Marketplace or any portion of the Marketplace may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.

Without the express prior written consent of the Company, you may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace or the Company and/or its affiliates.

You may not use any meta tags or other hidden text containing the Company name or trademarks without the Company express prior written consent.

You shall not use hacking, password mining, or any other illegitimate means to gain unauthorized access to any portion or feature of the Marketplace, or any other systems or networks connected to the Marketplace, or to any server, computer, network, or any of the services offered on or through the Marketplace.

You agree not to host, display, upload, modify, publish, transmit, update, or share any information that:

Belongs to someone else and over which you have no authority;

Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invading another privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise illegal in any way;

in any way endangers minors;

Infringes on any patent, trademark, copyright, or other intellectual property right;

Any law that is currently in effect is violated;

deceives or misleads the recipient about the source of such messages communicates any information that is clearly offensive or dangerous in nature;

Contains software viruses or any other computer code, files, or programmes that are designed to disrupt, destroy, or limit the functionality of any computer resource;

Threatens India unity, integrity, defense, security, or sovereignty, friendly relations with foreign states, or public order, or incites the commission of any cognizable offence, or prevents the investigation of any offence, or insults any other nation; Is misleading or known to be false in any way.

Any unauthorized use automatically terminates the Company permission or sub-license.

Account and registration requirements

To place orders on the Marketplace, all users must first register and log in. For all communications regarding your Marketplace purchases, you must keep your account and registration details up to date and correct. You agree to receive promotional or transactional communication and newsletters from the Company and its partners by agreeing to the Terms of Use. You can opt-out of such communications and/or newsletters by contacting Marketplace customer service team or submitting a request.

As part of the Marketplace registration process, the Company may collect the following personally identifiable information about you: name, email address, age, address, mobile phone number, and other contact details, demographic profile (such as your age, gender, occupation, education, address, and so on), and information about the pages on the Marketplace you visit/access, links you click on the Marketplace, and the number of times you access a product. The information collected about you is subject to the Company privacy policy, which is incorporated by reference into these Terms of Use.

Reviews, Comments, and Contributions

The Company shall own and retain ownership of any evaluations, remarks, criticisms, recommendations, ideas, and other contributions revealed, submitted, or offered on the Marketplace or otherwise disclosed, submitted, or offered in connection with usage of the Marketplace (collectively, the Comments). Any rights, titles, and interests in all copyrights and other intellectual properties in the Comments are thus assigned to the Company by such disclosure, submission, or offer of any Comments. Therefore, the Company will be the exclusive owner of all such rights, titles, and interests in the Comments and its use, whether for commercial or non-commercial purposes, will not be restricted in any manner.

The Company will have the right to publish, display, and distribute any Comments provided for any reason whatsoever without limitation and without paying the user anything. The Company will also have the right to use, reproduce, disclose, alter, adapt and create derivative works from any Comments. The Company is not and will not be obligated to keep any Comments private, compensate for any Comments, or answer any Comments. You acknowledge that any Comments you post on the Marketplace will not infringe upon or otherwise violate the Terms of Use or the rights of any third party, including without limitation any copyright, trademark, privacy, or other personal or proprietary right(s), and will not harm any individual or entity. You also acknowledge that none of your Comments on the Marketplace will be published include spam, political campaigning, commercial solicitation, chain letters, or other anything that is libellous or otherwise illegal, unlawful, threatening, abusive, or obscene. The Company does reserve the right to monitor, modify, and/or remove any Comments posted on the Marketplace, but it does not have to. By submitting names with any Comments, you give the Company permission to use them. You promise not to submit any Comments using a bogus email address, pretend to be someone else or something else, or otherwise mislead as to their source. You agree to hold the Company and its affiliates harmless from all claims, losses, and liabilities stemming from any Comments you make, and you are and will continue to be liable for the content of any such Comments.

Furthermore, you are solely responsible for any reliance you place on Comments posted by third parties on the Marketplace.

Trademarks & Copyright

Any intellectual property rights in all text, programmes, goods, methods, technologies, photographs, content, and other items that appear on the Marketplace are strictly reserved by the Company, its suppliers, and its licensees. Access to or use of the Marketplace does not provide anybody a license or sublicense to the Company intellectual property rights, and this interpretation should be avoided. The Company is the only owner of all intellectual property rights, including copyright, in and to the Marketplace. Without the express prior written approval, no use of the Marketplace or its contents, including copying or storing them in whole or in part, is permitted.

Anything on the Marketplace may not be changed, shared, or reposted for any reason. The Company, its affiliates, partners, or suppliers/service providers names, logos, and all associated product and service names, design marks, and slogans are their respective trademarks/service marks. Other trademarks belong to their respective owners. With regard to the materials found on the marketplace, no licensing under any trademark or service mark is given. No one is permitted to utilize any name, logo, or mark in any way by simply accessing or using the Marketplace.

Hypertext links to third-party sites or information or references to names, marks, products, or services of third parties made on the Marketplace are only there for your convenience and are only done with the express permission of the relevant parties. They in no way signify or imply the Company sponsorship, endorsement, or recommendation of the third party, the information, or the third party goods or services.

Company neither endorses nor makes any claims regarding the accuracy or content of any materials found on any third-party websites. You totally assume all risk and expense if you choose to access a link to any third-party websites.

Report any violations of intellectual property rights.

The intellectual property of other organizations is respected by K MALL BY KARISHMA LLP.
We will assess the information in your notification, and well reply in a timely manner. In accordance with the law and our rules, we may take any action we feel necessary. We may also contact you for more information. It should be reminded that there may be legal and/or criminal consequences for providing K MALL with false, incorrect, or misleading information.

By sending an email to the address kmallbykarishma@gmail.com, you agree to hold K MALL harmless from any claims made by third parties against K MALL.

Indemnification

You agree to defend, indemnify, and hold the Company, its employees, directors, officers, agents, and their successors and assigns harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney fees, resulting from or arising out of allegations that any warranty, representation, or undertaking contained in this User Agreement has been breached or that any applicable law has been broken (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights). This provision will remain in effect even if this User Agreement expires or is terminated.

Restrictions on Liability

The total amount of the Company liability, if any, that a court of competent jurisdiction determines and orders in response to a claim shall never exceed a refund of the money collected from a user for purchases made in accordance with an order under which such liability has arisen and been established.

It is noted and agreed that, despite anything to the contrary, the Company shall in no event be liable for any indirect, special, consequential, or incidental losses or damages, including on grounds of loss of profit, loss of reputation, or loss of business opportunities, whether in contract or in tort.

Termination

Unless and until terminated, either by you or by the Company, this User Agreement remains in force. You are free to end this User Agreement whenever you choose, but only if you stop using the Marketplace going forward. The Company may revoke this User Agreement at any moment and without prior notice, in which case you would no longer have access to the Marketplace.

Any termination of this User Agreement will not affect the Company rights to any comments or its obligation to provide indemnification in accordance with the conditions hereof. Any such termination of the User Agreement shall not impact any liabilities that may have developed under the User Agreement prior to the date of termination or cancel your obligation to pay for product(s) you have already bought from the Marketplace.

Analytics

We may use third-party Service Providers to monitor and analyses the use of our Service.

Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Grocery sales and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Grocery sales.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Waiver and Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Authorization and access

The Company grants you a limited sub-license to access and use the Marketplace for personal purposes, but not to download (other than page caching) or modify it, or any portion of it, without the Company express prior written consent. This limited sublicense excludes/does not permit any resale or commercial use of the Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Marketplace or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.

You are not allowed to use any meta tags or other hidden text containing the Company name or trademarks without the Company express prior written consent.

You shall not use hacking, ‘password mining’, or any other illegitimate means to gain unauthorized access to any portion or feature of the Marketplace, or any other systems or networks connected to the Marketplace, or to any server, computer, network, or any of the services offered on or through the Marketplace.

You agree and undertake not to host, display, upload, modify, publish, transmit, update, or share any information that: belongs to another person and over which you have no authority;

Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invading another privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise illegal in any way; and in any way endangers minors;

Infringes on any patent, trademark, copyright, or other intellectual property right;

Any law that is currently in effect is violated;

Deceives or misleads the recipient about the source of such messages communicates any information that is clearly offensive or dangerous in nature;

Contains software viruses or any other computer code, files, or programmers that are designed to disrupt, destroy, or limit the functionality of any computer resource;

Any unauthorized use automatically terminates the Company permission or sub-license.

Account and registration requirements

To place orders on the Marketplace, all users must first register and log in. For all communications regarding your Marketplace purchases, you must keep your account and registration details up to date and correct. You agree to receive promotional or transactional communication and newsletters from the Company and its partners by agreeing to the Terms of Use. You can opt out of such communications and/or newsletters by contacting Marketplace customer service team or submitting a request.

As part of the Marketplace registration process, the Company may collect the following personally identifiable information about you: name, email address, age, address, mobile phone number, and other contact details, and information about the pages on the Marketplace you visit/access, links you click on the Marketplace, and the number of times you access a product. The information collected about you is subject to the Company privacy policy, which is incorporated by reference into these Terms of Use.

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

Please send your feedback, comments and requests for technical support by

Email: kmallbykarishma@gmail.com