GENERAL TERMS AND CONDITIONS
www.tkcfoods.com('Website') is an online service owned, operated and managed by The Kitchen Connect('The Kitchen Connect' or 'we' or 'us'). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time ('User Agreement'), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at office@tkcfoods or call us on +91 9113637650. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. Welcome to the Website. This agreement may be terminated by you or us immediately with written notice to the other, which shall not prejudice continuing obligations.
TERMS AND CONDITIONS
1.1.1 You agree that you are competent to make the purchase on the website under laws of India. You are responsible for accuracy of the content / information / comments provided by you.
1.1.2. You shall not use the Website for any unlawful purpose or improper conduct (including use of non-civil language, breaching applicable laws, interrupting operations of The Kitchen Connect, using any information or logo from the Website elsewhere, infringing copyright or trademark of The Kitchen Connect, using Website for personal commercial purpose, copying contents, framing or hotlinking or deeplinking any content on the Website, etc).
1.1.3 You shall not modify, distribute or re-post anything on this Website for any purpose.
1.2 User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the Website, any violation to the policy may lead to strict legal action against the User in terms of the policies and applicable laws.
1.3 We have no liability if you can find our products at lower prices on other platforms or venues.
1.4 Promotional pricing is valid only for promotion period or till stocks last.
1.5 A promo code, once used shall not be refunded in case of cancellation of order either by Customer or The Kitchen Connect
1.6 All products sold on the Website are genuine. We guarantee the condition of the item you buy when you purchase on the Website only.
1.8 We may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Our decision of cancellation of order shall be final and we shall not be liable for such cancellation(s) whatsoever.
1.9 No liability beyond replacement: Under no circumstances will our liability shall exceed giving the User a replacement of the same product/ alternate product of the same value.
1.10 The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website.
1.11 The Kitchen Connect, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
- Credit / Debit Card Details
2.1 Information provided by you is correct: You agree, understand and confirm that the credit /debit card / financial information details provided by you for purchase on www.tkcfoods.com will be correct and accurate and you shall not use the credit /debit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payments.
2.2 We are not liable for fraud Your credit / debit card / financial information never reaches www.tkcfoods.com, we just get pass, hold or fail message from our payment gateway partner. The said information will not be utilized and shared by our payment gateways or www.tkcfoods.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. www.tkcfoods.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
2.3 Fraudulent /Declined Transactions We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- Ownership of Rights Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our explicit permission. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by The Kitchen Connect or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
- Accuracy of contents and invitation to offer
4.1 Accuracy of information: We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Prices are displayed inclusive of Goods and Service tax (GST), if any. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
4.2 Invitation to offer: All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of The Kitchen Connect prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
4.3 Additional information / verification: We may require additional verifications or information before accepting any order. We will contact the User if all or any portion of User's order is cancelled or if additional information is required to accept the User's order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User's credit card account.
- Indemnity, Dispute Resolution & Governing Law
5.1 These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Bangalore (India) only.
5.2 We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. These terms and conditions and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bangalore. All disputes will be subject to arbitration in Bangalore in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996 (as amended). Each party to arbitration shall bear its own cost.
- Website Security
6.1 You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
6.1.1 Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
6.1.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing, sending unsolicited email, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
6.2 Violations of system or network security may result in civil or criminal liability. We 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.
6.3 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
- 4 We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secured server through firewalls.
6.5 We do not access, store or keep debit card data or credit card data and or any financial information. All transactions done using Secure Server Software (SSL) for 128 bit encryption through third party gateways and we play no role in the transaction, except for directing the customers to gateways or relevant webpage(s). Accordingly, we shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of Personal Information while using the third party gateways and or website. We shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Information concerning the User's account and / or information relating to or regarding online transactions using credit cards/debit cards/cash cards/net banking and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account. You are responsible for protecting against unauthorized access to your password and to your computer." We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of you access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.