Kilobeaters-Bespoke Meals LLP a Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008 having LLP Identification No. AAQ-9918, and having its registered address at Shree Rishikesh heights, 30/8, Dhayari, Narhe, Pune 411041 (“Kilobeaters”) owns and operate the online platform www.kilobeaters.com (“Website”).
These Terms and Conditions (“Terms and Conditions”) apply to the Users/You (defined below) ” who wish to use or access the Website or avail the Products (defined below) on the Website. These Terms and Conditions together with the separate agreements, if any shall form the complete understanding between Kilobeaters and You. By accepting these Terms and Conditions, You acknowledge and agree to the Terms and Conditions and other Kilobeaters policies that Kilobeaters makes applicable to You from time to time, to the fullest extent possible, for availing Your use or access to the Website.
a. “End-Customers” shall mean the consumers who purchase the Products from through the Website.
b. “Force Majeure Event” means any event due to any cause beyond the reasonable control of Kilobeaters, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
c. “Order” means the placement of an order by the End-Customer on the Website for the purchase of Products.
d. “Products” shall mean the Products described under Clause 2 below.
e. “User”, “You”, “Your” means any person, user, who views, browses, accesses or uses or avails Products on the Website.
a. These Terms and Conditions contain important information regarding the terms and conditions which govern Your relationship with Kilobeaters.
b. Any registered User will use, access or transact on the Website. The End-Customers may choose and place their Order from the list of goods offered by Kilobeaters. The various goods and/or services listed on Website will include but not be limited to: Breakfast, Bars, Snacks, Sweets
c. We have the right to add, modify, upgrade, extend or withdraw any of the Products listed above from time to time and does not provide you any guarantee that the Products will be made available at all times.
d. User hereby irrevocably and unconditionally grants no objection to Kilobeaters to collate the transaction details done by User on the Website and provide such transaction data to Kilobeaters for further processing of the same.
3. Platform Access and Registration
a. In order to use/access the Website or purchase the Products provided on the Website, You are required to register on the Website and create/open Your Account (“Account”) with Us or you may directly purchase the Products by providing the requisite details on the Website.
b. All receipts and payments for buying and selling of products and services and all commissions and charges will be posted to My Account page.
c. You are required to provide such details and furnish documents for the purpose of the registration and enrolment on the Website as may be required by Kilobeaters, which shall include, but not be limited to Your Name, email address, bank account details, any other details prescribed by regulation for sending / sharing it to any KYC authority (UIDAI, KRA, CERSAI, or others).
d. All transactions in your Account shall be subject to the constitution, rules, regulations, customs and usage of the market, and its clearing house, if any, where the transactions are executed by User. Furthermore, where applicable, all the transactions shall be subject to the provisions of the Reserve Bank of India (RBI), the Income-tax Act, 1961, the Securities Exchange Board of India (Mutual Fund) Regulations 1996, and any other applicable laws or regulations.
e. User agrees that any and/or all information that may be provided by You on the Website from time to time, including but not limited to contact information, address and tax related information or any other information required or other norms and laws, may be shared by Kilobeaters with the regulatory authorities or their respective authorized service providers, auditors, legal and tax consultants in compliance with extant legal provisions from time to time.
f. Your Account shall be secured via a password. You are solely responsible for any violations or unauthorized access of your Account information in the event of theft of Your password Kilobeaters shall not be liable for the same.
g. Kilobeaters reserves the right to suspend or terminate your Account and/or your access to the Website if any information provided by you during the registration process or during placing an Order proves to be inaccurate, misleading, false, not current, incorrect or incomplete or if it is believed that your actions may cause legal liability for you, other Users or us or if you are found to be non-compliant with these Terms and Conditions.
h. User will not use Website for any purpose that is unlawful or prohibited by the Terms & Conditions. User also agrees that User will not use the Website in any manner that could damage, disable or impair the Website or interfere with any other person’s use or enjoyment of Website.
a. Purchase of the Products on the Website will result in charges to you for the Products you receive. We will facilitate your payment of the applicable charges on the Website. The Website includes a payment gateway made through an electronic and automated collection and remittance service (“Payment Gateway”)
b. The payment done by the User (via any Payment Gateway/provider) is governed by the User’s agreement with his/her payment provider/gateway and Kilobeaters makes no representation of any kind, express or implied, as to the operation of the Payment Gateway. The User(s) further expressly agree that his/her/their use of the Payment Gateway service is entirely at his/her/their own risk, cost and consequence.
c. Kilobeaters reserves the right to refuse any Order placed by you, or for you through the Platform.
d. You agree to provide current, complete and accurate purchase and Account information for all purchases made.
e. Kilobeaters shall assume no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption, loss or corruption of any data or other information transmitted in connection with use of the Payment Gateway, or for any interruption or errors in the operation of the Payment Gateway.
f. You confirm that when you initiate a payment transaction and/or issue an online payment instruction and provide your credit card/ debit card/ bank account details:
i. You are fully and lawfully entitled to use such credit card/ debit card/ bank account for such transactions.
ii. You are responsible to ensure that the credit card/ debit card/ bank account details provided by you are accurate.
iii. You are authorizing the debit to any such nominated credit card/ debit card/ bank account for the settlement of bills selected by you along with the applicable fee/s.
iv. You are responsible to ensure that sufficient credit is available on your nominated credit card/ debit card/ bank account at the time of making the payment, so as to permit the payment of the bill/s selected by you inclusive of the applicable fee/s, if any.
g. Kilobeaters does not, store, transfer or otherwise make use of Your bank and payment details for any unlawful purpose or share the same with any third-party service provider other than as lawfully required to transact its business with such third-party service providers.
5. Orders, Cancellation and Refund
a. All Orders placed shall be processed via the Website.
b. Once placed, the End-Customers cannot cancel the Orders unless cancelled by the Kilobeaters who is unable to provide the Products as contained in the Order.
c. Kilobeaters shall not be liable or responsible for any delay in the execution of any Order including loss of interest and / or opportunity loss and / or any other losses, liabilities, damages, costs, charges, expenses which the User(s) may sustain, incur or suffer or be put to or become liable or incur directly or indirectly by reason or as a consequence of any delay thereof.
a. The Products shall not include any Service Tax, GST, CGST, service charge, or any other similar charges and taxes as may be applicable from time to time. These will be charged at the prevailing rates and shall be payable by you to at the time of requesting to purchase the Products, as may be determined by us.
b. Any confirmed request price is subject to change, if there is a change in or imposition of a charge, tax or levy by the Government which may become applicable and increase the price of the Products.
7. Fraudulent use of App or availing of Products
a. In the event you are using the Website or availing the Products fraudulently or in a mala fide manner, we reserve the right to recover costs, charges, damages, penalties and attorney fees from you or your officers, representatives, employees, or affiliates for such fraudulent use of the Products on the Website.
b. Notwithstanding anything contained under these Terms and Conditions, Kilobeaters reserves the right to immediately delist any of the Products from the Website which are not in compliance with applicable law or the rules or regulations, made thereunder.
c. The rights under this clause are in addition to Kilobeaters rights mentioned elsewhere under these Terms and Conditions.
d. Should Kilobeaters, in its sole judgement, determine at any point in time that the acts by the User have resulted in any contravention or violation of any applicable laws including anti-money laundering laws, Kilobeaters shall have a right to terminate the Account of the User and also to report the unlawful and illegal transactions to the applicable authority.
8. Intellectual Property Rights
a. Kilobeaters owns all the rights in the product names, company names, trade names, logos, product packaging and designs (“Trademarks”) that appear on the Website whether or not appearing in large print and with or without the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under applicable law in India and other jurisdictions. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in these Terms and Conditions, and nothing otherwise stated or implied in the Products confers on you any license or right to do so.
b. The content which is viewed on the Website (including all video, audio, graphics, text, images, photographs, user interface and all other content and the selection, coordination, and arrangement of such content) are all a part of the intellectual property of Kilobeaters and as such, belong to Kilobeaters.
10. Third Party Links
a. Content available on the Website may include materials from third parties, which may direct the User to a third-party website which is not affiliated with Kilobeaters. Kilobeaters is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
b. Moreover, Kilobeaters disclaims all liability for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The User shall review carefully the third-party’s policies and practices and understand them before he/she engages in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party itself.
a. Kilobeaters may, in its sole discretion, determine that the User has breached the terms of these Terms and Conditions or has violated any rule, law or regulation or is engaged in any illegal activity or inappropriate conduct, Kilobeaters shall, in its sole discretion, have the right to immediately restrict such User from using the Website and the Products provided thereon, without notice or liability.
b. Notwithstanding any such termination under any of the clauses hereof, all rights, liabilities and obligations of the parties arising out of or in respect of transactions entered prior to the termination of these Terms and Conditions shall continue to subsist and vest in/be binding on respective parties, their legal heirs / representatives, executors, administrators, successors and attorneys as the case may be.
12. Warranty disclaimer
a. To the maximum extent permitted by law, Kilobeaters disclaims guarantees regarding accurate listing of information pertaining to the products and services showcased on the Website. User(s) understands that there may be errors in the information pertaining to the same. Under no circumstances shall Kilobeaters be liable for any consequential, special, indirect, exemplary or punitive damages (including without limitation loss of profits, revenue, interest, goodwill, etc.) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages.
b. User(s) understand that Kilobeaters cannot and does not guarantee or warrant that the Website in general, its contents and any records created by User(s), will operate error-free or that the Website or its server/s are free of computer viruses, other harmful items, infection, worms, Trojan horses or other code/s that manifest contaminating or destructive properties or that it will be available to User(s) at any time. If use of the Website and/or the contents here of result in the need for servicing or replacing Users’ data, Kilobeaters is not responsible for any such costs, incurred by User(s).
13. Incompetency to Contract
Persons (i) below the age of eighteen (18) years, or (ii) who are undischarged insolvents, are “incompetent to contract” as per the Indian Contract Act, 1872. Such persons are ineligible to use the Website to avail the Products provided by Kilobeaters. In case such a person wished to avail the Products, acknowledgement of these Terms and conditions by a parent or a legal guardian is mandated. In case you fall under any such aforementioned category of persons, Kilobeaters shall have the right to take any action as mentioned under these Terms and Conditions or as provided under the applicable laws.
14. Limitation of Liability
In no event shall Kilobeaters, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be held liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the Users’ in relation to the Products or any content or material thereof provided on the Website, including but not limited to, any errors or omissions in any content or material or any loss or damage of any kind incurred as a result of the use of the Products or any content or material thereof, even if advised of their possibility. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Kilobeaters liability shall be limited to the extent permitted by law.
a. The User agrees to indemnify defend and hold harmless Kilobeaters, its subsidiaries, affiliates, officers, directors, employees, service providers, contractors, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorney’s fees, arising from the User’s use and access to the Website and the Products; resulting from or alleged to result from, the User’s violation of any of these Terms and Conditions; the User’s violation of any third party right, including without limitation any copyright, property, or privacy right; and the User’s breach of any applicable laws.
b. If User(s) is/are dissatisfied with any of the Products or other contents of the Website or with these Terms & Conditions, Users’ sole and exclusive remedy for dissatisfaction is to discontinue the use of the Website and the Products.
c. This indemnification obligation will survive the expiry or termination of your Account or use of the Website or the Products.
16. Relationship of Parties
Nothing contained herein shall be construed or deemed to create any association, partnership or joint venture or employer employee relationship or principal-agent relationship in any manner whatsoever between the Parties.
17. Governing Law
These Terms and Condition and the relationship between You and Kilobeaters shall be governed by the laws of India without regards to its conflict of law principles and for the purpose of resolution of any dispute, arising out of the use of the Website and its Products, between the User and Kilobeaters. Notwithstanding the foregoing, You agree that Kilobeaters has the right to bring any action/proceedings(s) against You before any court or forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such court or forum.
If any provision/clause of these Terms and Conditions is held invalid, void, or unenforceable, then such provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.
Kilobeaters reserves the right to update, revise, supplement and otherwise modify these Terms and Conditions, at any time or from time to time, to impose new or additional rules, policies or terms and conditions. All the revisions and amendments shall be posted on the Website and shall be construed to be effective immediately after such posting and thereafter shall be deemed to have been incorporated into these Terms and Conditions. User’s continued use of the Website and its Products will be deemed to constitute as User’s acceptance of such revisions or amendments.
20. Entire Agreement
In case of any questions, complaints or claims with respect to any of the Products, then such correspondence should be directed to firstname.lastname@example.org
22. Miscellaneous Terms
a. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Kilobeaters and Kilobeaters shall not be liable for any representation, act or omission on your part.
b. Kilobeaters shall not be liable for any failure on part of the Website to perform any of its obligations under the Terms & Conditions if performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
c. You agree that any violation of these Terms and Conditions will cause irreparable harm and damage to us, for which monetary damages would not be an adequate remedy. You hereby agree that we have a right to obtain an injunctive or equitable relief that we may deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that we may have at law or in equity.