TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining thereto. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
1. About Us
www.kinkpin.in (hereinafter referred to as "Kinkpin") is an adult lifestyle and sensual wellness website, operated by M/s Zabava E-Retails LLP, which shall be strictly used for shopping and commercial activity relating to products which are sold on the website. The website shall not be used for non-commercial purpose or for mere visual browsing. The terms and conditions for usage of www.kinkpin.in shall be deemed to be accepted once the user accesses the said website. Similarly, the acceptance shall also be deemed to be taken while accessing any other associated or related website with www.kinkpin.in. The products, which shall be browsed or seen or purchased or scanned, shall be subject to the terms and conditions with respect to such products.
2. Usage of/or Access to the Website.
Once you confirm to the website, you are agreeing that you are 18 years of age or above and to view the site and purchase anything at your own risk leaving no share of liability for the entity which owns website and its affiliates. No such person related to www.kinkpin.in can be held responsible in this regard.
3. You agree, undertake and confirm that your use of www.kinkpin.in shall be strictly governed by the following binding principles:
3.1 The user/you shall not host, display, upload, modify, publish, transmit, update, share or temper any information, visual display or any language on the website i.e. www.kinkpin.in, including unlawful but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986. None of the action of the user shall infringe upon or violate any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity], violating any law for the time being in force.
3.2 The user shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. www.kinkpin.in reserves the right to bar any such activity.
3.3. www.kinkpin.in may assign you a password and account identification to enable you to access and use certain portions of its website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and www.kinkpin.in has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the confidentiality and security of the password and identification assigned to you. You shall immediately notify www.kinkpin.in of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
4. Objectionable material
www.kinkpin.in, in every regard, is an e-shopping website that doesn’t encourage any kind of sale for pornographic and objectionable materials. www.kinkpin.in facilitates the purchase of personal products, which are covered to the fullest extent within law. The content of the website may be deemed or appeared offensive, indecent and/or objectionable to the viewer, but may actually not offensive; the viewer then shall browsing the website at his sole risk. www.kinkpin.in does not undertake any responsibility for the viewers to browse the website for non-commercial purposes.
5. External Links
www.kinkpin.in may link you to a number of other websites, which may or may not be directly related to the parent site. Some of the websites are linked purely for commercial purposes only. On visiting or clicking to these websites, you will be linked to a different e-commerce platform – for which the website holds no right or responsibility whatsoever. www.kinkpin.in is not responsible for the operation of or content located on or through any such site. If you decide to link to any such third party websites, you do so entirely at your own risk.
6. Intellectual Property
www.kinkpin.in and its licensors, suppliers hold all their respective intellectual property rights – copyright & trademarks for all their respective content, programs, text, technology, products, materials and compilation displayed on the site. Any access to www.kinkpin.in does not confer any kind of remodelling, distributing or tempering to the content or conferring any license to use, alter or copy of any intellectual property rights with regard to the website. The user of the website is cautioned not to modify, distribute or repost anything on the website.
www.kinkpin.in, names, logos, devices, service trademarks/names, copyright, contents, design mark or designs of the product are sole property of M/s Zabava e-retails LLP. So far the intellectual property of suppliers and licensors are concerned, the same are owned by respective companies. By mere displaying or referring the said trademarks of third party, supplier or licensor do not constitute or imply any endorsement, sponsorship or promotion by the www.kinkpin.in. www.kinkpin.in is not responsible for the accuracy of content of the trademarks or intellectual property rights of suppliers or licensors, as the said intellectual property rights are being displayed with the consent of said third party, suppliers and licensors. All the sites either link to www.kinkpin.in or vice-versa; www.kinkpin.in is not responsible for the content of such affiliated websites and if the user links with such affiliated websites.
All materials, including images, text, designs, icons, photographs, illustrations, 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. No right, title or interest in any materials or software is transferred to you as a result of any such usage. All software used on this Site is the property of www.kinkpin.in or its suppliers and protected by Indian and international copyright laws. Any 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 www.kinkpin.in, one of its affiliates or by third parties who have licensed their materials to www.kinkpin.in 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 www.kinkpin.in and is also protected by Indian and international copyright laws.
www.kinkpin.in and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, processes, technology, products, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of www.kinkpin.in or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to www.kinkpin.in. 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 the permission of www.kinkpin.in. You may not modify, distribute or re-post anything on this website for any purpose.
The www.kinkpin.in names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of M/s Zabava e-Retail LLP. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply www.kinkpin.in endorsement, sponsorship or recommendation of the third party, information, product or service.
www.kinkpin.in is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
www.kinkpin.in is also not liable or responsible in any manner for any third party copyright or trademark violations for any images, photographs, logos, marks etc. appearing on the Site in relation to any products and services that are available for sale on the Site. www.kinkpin.in is not the owner of any of such photographs, images, logos etc. and hence will not be liable to any third party for such violations.
Even, if any sort of copyright infringement is observed on www.kinkpin.in, we will be glad to be reported of the same by mail. www.kinkpin.in always believe that there is no limit to continual improvement, which is why; we are all ears for feedbacks
7. Transfer of Title & Liability
Once your product is delivered, the risk of loss and title/ownership over the product lies with you only. In case of litigation, the website can cease your access as well as terminate your agreement completely or in part, as per the gravity of dispute and subject to other terms and conditions.
8. Disclaimer and Limitation of Liability
Our agreement is applicable and binds you and www.kinkpin.in in a mutual agreement pertaining to the sites, services and supersedes all prior or coexistent communications, proposals, in oral or written form between www.kinkpin.in and you.
Our agreement is not limited to breach of any warranties, representations, and undertakings for the non-fulfilment of your obligations under the Agreement. If anything arises out of the agreement as the violation of any law, each aspect will be thoroughly checked for Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, rights of privacy or publicity and similar grounds.
On finding any violation that poses any harm to www.kinkpin.in’s interest, the website can refuse services, terminate accounts and cancel the orders without any limitations or information. The realm of violation includes uploading, distributing, selling, or reproducing information available on the website without seeking written permission from the website. If someone found engaged in such illicit business, he or she is punishable by law. In case www.kinkpin.in fails to act in case of a breach of agreement by you or any other entity, it does not waive its right to act and seek redressing for the breach of agreement/contract.
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, the products offered for sale on it and the transactions conducted through it are provided by www.kinkpin.in on an "as is" basis. www.kinkpin.in makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, www.kinkpin.in disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. www.kinkpin.in does not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, www.kinkpin.in will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, www.kinkpin.in’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of monies actually paid by you to www.kinkpin.in during the month immediately preceding the act allegedly giving rise to www.kinkpin.in’s liability.
You agree that www.kinkpin.in’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that www.kinkpin.in shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that www.kinkpin.in may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of www.kinkpin.in shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by www.kinkpin.in of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
www.kinkpin.in defends its entire organization against all liabilities, damages, losses, costs, expenses, attorney's fees and claims by users, buyers and third party workers. The term organization, here, includes everyone from employees, directors, agents, officers, representatives and business partners to service providers as well as their successors.
11. Settlement of Disputes & Argument
On finding the breach of Agreement, we provide 90 days to investigate and rectify any such violations. www.kinkpin.in shall issue show-cause notice on evidencing the breach by you within 30 days of finding of the breach. Any explanation in such regard should be directly mailed to firstname.lastname@example.org. www.kinkpin.in reserves the right to take appropriate action against you, keeping in mind the reply submitted by you
This Agreement shall be construed in accordance with the Laws of the Republic of India and is subject to the exclusive jurisdiction of the competent Courts of Delhi only. All disputes are subject to Delhi jurisdiction
12. Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. www.kinkpin.in’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.