Conditions of Use
1. INTRODUCTION
Welcome to www.Kaahina.com. By using www.Kaahina.com service(s) you are deemed to have accepted the terms and conditions listed below.
All products/services and information displayed on www.Kaahina.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. www.Kaahina.com reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of www.Kaahina.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. The sale of product(s) by www.Kaahina.com to you shall be complete when goods are delivered to you or to transport agent/courier agency.
2. MEMBERSHIP ELIGIBILITY
a. Use of the site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act. 1872 including un-discharged insolvents etc. are not eligible to use the Site.
b. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
c. www.Kaahina.com reserves the right to terminate your membership and refuse to provide you with access to the site if www.Kaahina.com discovers that you are under the age of .
d. The Site is not available to persons whose membership has been suspended or terminated by www.Kaahina.com for any reason whatsoever.
e. www.Kaahina.com makes no representation that any product(s) or service(s) referred to in the materials on this website are appropriate for use or available outside India.
f. Those who choose to access this site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
g. Membership is available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique username and password.
h. www.Kaahina.com does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality.
i. www.Kaahina.com allows one registered Membership per legitimate electronic mail address. www.Kaahinas.com must approve any exceptions, including the use of one electronic mail address by multiple users.
j. Members may not have multiple accounts at same/multiple shipping addresses or IP addresses. Should you register more than one account, Kaahina reserves the right to terminate all your accounts and/or orders and restrict you from system going forward.
3. MEMBERSHIP IS NON-TRANSFERABLE
By using www.Kaahina.com service(s) you are deemed to have accepted the terms and conditions listed below.
All products/services and information displayed on www.Kaahina.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. www.Kaahina.com reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of www.Kaahina.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. The sale of product(s) by www.Kaahina.com to you shall be complete when goods are delivered to you or to transport agent/courier agency.
4. ACCOUNT AND REGISTRATION OBLIGATIONS
a. "Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature.
b. We will protect your information in accordance with our Privacy Policy.
c. If you use the site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or Password.
d. www.Kaahina.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
e. If you know or suspect that, someone else knows your password you should notify us by contacting us immediately through the address provided below.
f. If www.Kaahina.com has reason to believe that there is likely to be a breach of security or misuse of the www.Kaahina.com site, we may require you to change your password or we may suspend your account without any liability to www.Kaahina.com
g. You will be required to enter a valid phone number and email id while placing an order or registering on the Website. By registering your phone number and email id with us, you consent to be contacted by us via emails, phone calls and / or SMS notifications.
h. You also agree to:
(i) Provide true accurate current and complete information about yourself as prompted by Kaahina registration from (such information being the "Registration Data")
(ii) Maintain and promptly updated the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current or if www.Kaahina.com has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the user agreement; www.Kaahina.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
5. PRICING INFORMATION
a. While www.Kaahina.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. www.Kaahina.com cannot confirm the price of a product until after you order.
b. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www.Kaahina.com shall have the right at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
6. CANCELLATION POLICY
6.1 CANCELLATION BY Kaahina.COM
6.1.1 Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right at our sole discretion to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/bank account has been charged the said amount will be reversed back in your in your Card Account. The customer agrees not to dispute the decision made by Kaahina and accept Kaahina’s decision regarding the cancellation. Products once dispatched cannot be returned except when an approval has given through contact@kaahina.com.
6.2 CANCELLATION BY YOU
6.2.1 Cancellation within 24 hours of purchase:
You can cancel the order within 24 hours of your purchase or before the order has been dispatched (whichever is earlier) by writing to us at contact@kaahina.com. The cancellation will be effective within 24 hours and you will get a confirmation email. If your order is cancelled after your credit card/bank account has been charged the said amount will be reversed back in your in your card/bank account. Bonus used, if any, will be refunded as per the terms and conditions governing the use of that bonus
The customer agrees not to dispute the decision made by Kaahina and accept Kaahina's decision regarding the cancellation
6.2.2 Cancellation after 24 Hours is over:
We need you to understand that on the basis of your consent written/ verbal we place the order , thus cancelling the order by you after 24 hours is over is a double loss of revenue for us.
In such a case we need a written email from you stating the order number and the reason for cancellation. After receiving that email, Kaahina will take a decision regarding the cancellation which will be final and binding.
Please note:
In you cancel after 24 hours of placing the order, if it is approved, the bonus used if any will not be reverted and in case of prepaid order your money will be refunded back in the form of credit note.
The customer agrees not to dispute the decision made by Kaahina and accept Kaahina's decision regarding the cancellation.
6.3. Cancellation in COD Cases:
We appreciate if you inform us in advance in case you do not wish to accept the COD order so that we do not dispatch the order and save on the courier cost and the effort.
Please note: Repeated refusal of COD orders might lead to withdrawal of COD facility from your account without any prior intimation. The customer agrees not to dispute the decision made by Kaahina and accept Kaahina's decision regarding the cancellation.
6.4 Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right at our sole discretion to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged the said amount will be reversed back in your in your Card Account.
6.5 Products once dispatched cannot be returned except when an approval have given through contact@kaahina.com
9. ELECTRONIC COMMUNICATIONS
a. When you visit the Site or send emails to us, you are communicating with us electronically.
b. You consent to receive communications from us electronically
c. We will communicate with you by email, SMS's or by posting notices on the Site.
d. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
10. YOU AGREE AND CONFIRM / SALE AND TRANSFER OF OWNERSHIP
a. On acceptance of the order of the customer the company shall make sale ‘ex-works’. The sale shall be deemed to have been completed between Company & Customer at the time of delivery of goods to the customer or Courier Company. It is categorically stated that the ownership of goods shall stand transferred upon delivery of goods by the company to the customer or to Courier Company.
b. In the absence of any direction by the customer to the contrary, the company shall deliver the goods to any of such courier agency which shall be considered as courier company appointed by the customer for all purposes and the customer hereby gives consent to deliver the goods to any such courier company and avail benefit of the arrangement made by the company. For the purpose of delivery of goods, the company shall recover delivery charges which shall be separately charged in the invoice. However, delivery charges shall be subject to maximum of Rs. 125/- or as may be decided by company time to time.
c. If a customer so choose, he/she may direct the company to deliver the goods through any other courier / transport agency. In this situation, the company will deliver the goods to the designated transport agency / courier and the customer shall pay the freight charges directly to his / her designated transporter / Courier Company.
d. You will provide authentic and true information in all instances where such information is requested of you. www.Kaahina.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to reject the registration and debar you from using the services of www.Kaahina.com and / or other affiliated websites without prior intimation whatsoever.
e. That you are accessing the services available on this site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
f. That the address at which delivery of the product ordered by you is be made will be correct and proper in all respects.
g. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by www.Kaahina.com for redelivery shall be claimed from you.
h. That you will use the services provided by Kaahina.com its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the site and transacting on the site.
i. That before placing an order you will check the product description. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.
j. www.Kaahina.com reserves the right to send across news letter to you apart from your other subscriptions.
k. www.Kaahina.com may put advertising style sheets into any mail box. www.Kaahina.com shall ensure at all points of time that these style sheets shall not contain offensive material of any kind.
l. You acknowledge, consent and agree that www.Kaahina.com may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to Comply with legal process
a. Enforce the Terms of service
b. Respond to claims that the content violates the right of the supplier
c. Respond to rights for customer service or
d. Protect the right, property or personal safety of Kaahina.com its users and the public
11. YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
a. Gaining unauthorized access to other computer systems
b. Interfering with any other person's use or enjoyment of the Site.
c. Breaching any applicable laws
d. Interfering or disrupting networks or web sites connected to the site.
e. Making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.
12. COLORS
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
13. MODIFICTION OF TERMS AND CONDITIONS OF SERVICE
a. www.Kaahina.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on Kaahina.com.
b. You can access the latest version of the User Agreement at any given time on Kaahina.com. You should regularly review the Use Agreement on Kaahina.com.
c. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Use Agreement.
14. GOVERNING LAW AND JURISDICTION
a. The Use Agreement shall be construed in accordance with the applicable laws of India.
b. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
c. Any dispute or difference either in interpretation or otherwise of any terms of this User Agreement between the parties here to same shall be referred to an independent arbitrator who will be appointed by the Kaahina.com and his/her decision shall be final and binding on the parties hereto.
d. The above arbitration shall be in accordance with the Arbitration and Conciliation Act. 1996 as amended from time to time. The arbitration shall be held in Delhi. The High court of judicature at Delhi alone shall have the jurisdiction and the Laws of Indian shall apply.
15. REVIEWS, FEEDBACK, SUBMISSIONS
a. All reviews, comments feedback postcards suggestion ideas and other submissions disclosed, submitted or offered to Kaahina.com or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (Collectively the "Comments") shall be and remain Kaahina.com property. Such disclosure submission or offer of any Comments shall constitute an assignment to Kaahina.com of all worldwide rights titles and interests in all copyrights and other intellectual properties in the Comments.
b. Thus Kaahina.com owns exclusively all such rights, titles and interest and shall not be limited in any way in its use commercial or otherwise of any Comments Kaahina.com will be entitled to use reproduce, disclose, modify, adapt, create, create derivative works from publish display and distribute any Comments you submit for any purpose whatsoever without retraction and without compensating you in any way. Kaahina.com is and shall be under no obligation.
c. To maintain any Comments in confidence
d. To pay you any compensation for any Comments or
e. To respond to any Comments
f. You agree that any Comment submitted by you to the Site will not violate this policy or any right of any third party including copyright trademark privacy or there personal or propriety right(s), and will not cause injury to any person or entity.
g. You further agree that no Comments submitted by you to the site will be or will contain libelous or otherwise unlawful threatening abusive or obscene material or contain software viruses’ political campaigning commercial solicitation chain letters mass mailings or any form of "spam".
h. Kaahina.com does not regularly review posted Comment but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Kaahina.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address impersonate any person or entity. Or otherwise mislead as to the origin of any Comments you submit you are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Kaahina.com and its affiliates for all claims resulting from any Comments you submit Kaahina.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
16. COPYRIGHT & TRADEMARK
a. All reviews, comments feedback postcards suggestion ideas and other submissions disclosed, submitted or offered to Kaahina.com or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (Collectively the "Comments") shall be and remain Kaahina.com property. Such disclosure submission or offer of any Comments shall constitute an assignment to Kaahina.com of all worldwide rights titles and interests in all copyrights and other intellectual properties in the Comments. non-commercial use is prohibited without the permission of Kaahina.com You may not modify, distribute or re-post anything on this website for any purpose.
b. The Kaahina.com names and logos and all related product and service names design marks and slogans are the trademarks or service marks of Kaahina.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials constrained on this Site Access to this Site does not authorize anyone to use any name logo or mark in any manner.
c. All materials including images text illustration designs, icon, photographs programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively the "Contents") are intended solely for personal non-commercial use.
d. You may download or copy the Contents any other downloadable materials displayed on the Site for your personal use only.
e. No right title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
f. You may not reproduce (except as noted above) publish, transmit, distribute display, modify, create derivative works from sell or participate in any sale of or exploit in any way, in whole or in part any of the Contents, of the Site or any related software.
g. All software used on this Site is the property of Kaahina.com or its suppliers and protected by Indian and international copyright laws.
h. The Contents and software on this Site may be used only as a shopping resource any other use including the reproduction modification distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited Unless otherwise noted all Contents are copyrights trademarks trade dress and/or other intellectual property owned, controlled or licensed by Kaahina.com one of its affiliates or by suppliers who have licensed their materials to Kaahina.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of Kaahina.com and is protected by Indian and international laws.
17. OBJECTIONABLE MATERIAL
18. INDEMNITY
19. TERMINATION
a. This User Agreement is effective unless and until terminated by either you or Kaahina.com.
b. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site Kaahina.com may terminate this User Agreement at any time and may do so immediately without notice and accordingly deny you access to the Site, such termination will be without any liability to Kaahina.com.
c. Upon any termination of the User Agreement by either you or Kaahina.com you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Use Agreement or otherwise Kaahina.com's right to any Comments shall survive any termination of this User Agreement.
d. Any such termination of there User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the user Agreement.
e. You agree that Kaahina.com may, under certain circumstances and without prior notice, immediately terminate your Kaahina.com account, any associated email address, and access to the Service; Cause for such termination shall include, but not be limited to:
1. Breaches or violations of the Terms of Service or other incorporated agreements or guidelines.
2. Request by law enforcement or other government agencies.
3. A request by (self-initiated account deletions)
4. Discontinuance or material modification to the Service (or any part thereof)
5. Unexpected technical or security issues or problems, and
6. Extended periods of inactivity.
f. Termination of your account includes.
1. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof) and
2. Barring further use of the Service.
g. Further, you agree that all terminations for cause shall be made in Kaahina.com sole discretion and that Kaahina.comshall not be liable to you or any third party for any termination of your account any associated email address or access to the Service.
20. LIMITATON OF LIABILITY AND DISCLAIMERS
a. You use of the service is at your sole risk. The service is provide on an "as is" and "as available" basis. Kaahina.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You must bear the risks associated with the use of the Site.
b. The Site provides content from other internet sites or resources and while Kaahina.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case Kaahina.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
c. This disclaimer does not apply to any product warranty offered by the supplier/manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential party of this Use Agreement.
d. To the fullest extent permitted under applicable law Kaahina.com or its suppliers shall not be liable for any indirect incidental social, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill use, date or other intangible losses arising out of or in connection with the Site its serviced or this User Agreement.
e. Without prejudice to the generality of the section above the total liability of Kaahina.com to you for all liabilities arising out of this User Agreement in tort or contract is limited to the value of the product ordered by you.
f. Kaahina.com, its associated and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software text, graphics links or communications provide on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Kaahina.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, and/or any interruption or errors in the operation of the Site.
g. No advice or information, whether oral or written, obtained by you from Kaahina.com or through or from the service shall create any warranty not expressly stated in the term of service.
h. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have and epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service - dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
21. MODIFICATIONS TO SERVICE
22. VIOLATION
23. SITE SECURITY
Please report any violations of the Terms of Service to our Customer Care team or mail to contact@Kaahina.com.
1. Accessing data not intended for you or logging onto a server or an account, which you are not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any other user host or network including without limitation, via means of submitting a virus to the Site overloading, "flooding." "Spamming," "mail bombing" or "crashing."
4. Sending unsolicited email, including promotions and/or advertising of products of services or
5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
b. Violations of system or network security may result in civil or criminal liability. Kaahina.com will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
c. You agree not to use any device software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
d. You agree, further, not to use or attempt to use any engine software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Kaahina.com on this Site and other than generally available third party web browsers (e.g. Microsoft Explorer, Mozilla Firefox, Google Chrome etc.).
24. ENTIRE AGREEMENT
Please read this Agreement carefully. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time. 99labels.com may add to or change or update these Terms of Use, from time to time entirely at the its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
26. PRIVACY POLICY
a. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
b. We view protection of your privacy as very important community principle. We understand clearly that you and your information is one of our most important assets.
c. We store and process your information on computers located in India that are protected by physical as well as technological security devices.
d. We use third parties to verify and certify our privacy principles. If you object to your information being transferred of used in this way please do not use the Site.
27. CONTACT DETAILS
