Terms of service

 

ELECTRONIC RECORD AND ACCEPTANCE OF TERMS

This document constitutes an electronic record under the Information Technology Act, 2000, and relevant provisions governing electronic records under applicable laws, including the Consumer Protection (E-Commerce) Rules 2020. This record is automatically generated by a computer system and does not require a physical or digital signature.

Please read these Terms and Conditions ("T&C") carefully. By accessing or using the website [www.kayapalatcare.com] (hereinafter referred to as the "Website") or any associated mobile application or services, you ("User") agree to comply with and be bound by these T&C.

The Company, Honasa Consumer Limited (referred to as "Company", "We", or "Us"), reserves the right to amend or revise these T&C at any time by posting updated terms on the Website. These amendments shall become effective immediately upon posting. Your continued use of the Website after such revisions constitutes your acceptance of the updated T&C.

ELIGIBILITY AND USAGE

You must be at least 18 years of age or the legal age of majority in your jurisdiction to use the Website. If you are a minor, you must access the Website under the supervision of a legal guardian or parent. If accessing on behalf of a company, partnership, or sole proprietorship, you confirm that you are duly authorized to represent the entity.

PRODUCTS AND OFFERS

The Website offers various products for sale, including trial and free products. By placing an order, you agree to abide by the T&C governing the sale and usage of these products. Products are for personal use only, and resale is prohibited unless specifically agreed upon by the Company.

The Company reserves the right to modify, suspend, or discontinue any products or services without notice. We strive to provide accurate product descriptions, but errors may occur. Product images and descriptions are indicative and may not match actual products.

COMMUNICATION AND OPT-OUT

By using the Website, you consent to receive electronic communications from the Company, including transactional, promotional, and commercial messages. You may opt-out at any time through the following methods:

• Use the opt-out link in email communications.
• Send an email to [support@kayapalatcare.com].
• Submit a written request to: Plot No. 63, 4th Floor, Sector-44, Gurgaon, Haryana.

INTELLECTUAL PROPERTY

All trademarks, logos, brand names, and proprietary materials displayed on the Website are the exclusive property of the Company or its licensors and are protected by Indian intellectual property laws. Unauthorized use or reproduction of any materials on the Website is prohibited.

USER ACCOUNTS AND SECURITY

You may create one user account to access the Website. You are responsible for maintaining the confidentiality of your account credentials and ensuring that your activities on the Website comply with these T&C. The Company is not liable for any unauthorized access or misuse of your account.

In the event of a breach of security, you must notify us immediately. The Company reserves the right to suspend or terminate accounts that violate these T&C.

PROHIBITED ACTIVITIES

You agree not to use the Website for any unlawful purposes, including but not limited to:

• Violating intellectual property rights.
• Interfering with the Website’s operation or other users' experience.
• Engaging in spamming, harassment, or other malicious activities.

PAYMENT AND TAXES

Payments for products on the Website can be made via credit/debit cards, net banking, wallets, UPI, PayPal, and cash on delivery (COD). Prices are inclusive of applicable taxes but do not include delivery charges. Orders below INR 599 will incur a delivery charge of INR 40.

DELIVERY AND AVAILABILITY

Delivery for orders typically takes 5-7 business days. Multiple shipments may be required for an order containing various products. If delivery is delayed, you will be notified, and you may choose to either cancel the order or await delivery. The Company is not liable for any damages arising from delays or cancellations due to unavailability of products.

TRACKING AND RETURNS

You will receive tracking details via email after dispatch. Orders can be tracked through your account on the Website. In case of cancellation or delay, you may choose a refund or replacement, subject to the Company’s policies.

DISCLAIMER AND LIMITATION OF LIABILITY

The Company does not guarantee that the Website will be free from errors or uninterrupted access. We are not liable for any direct or indirect damages resulting from the use or inability to use the Website. The Website and its content are provided "as is," and we disclaim all warranties, express or implied.

GOVERNING LAW AND DISPUTE RESOLUTION

These T&C are governed by the laws of India. Any disputes arising out of the use of the Website shall be subject to the exclusive jurisdiction of the courts in Gurgaon, Haryana.

CONTACT INFORMATION

For any queries, please contact us at: Email: [support@kayapalatcare.com]
Address: Plot No. 63, 4th Floor, Sector-44, Gurgaon, Haryana.

By accessing the Website, you confirm that you have read, understood, and agreed to be bound by these T&C. If you do not agree with any part of these terms, please discontinue using the Website immediately.

DISCLAIMER OF WARRANTIES

Your use of the Website and/or Products is at your sole risk. The Website and Products are provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Products, Website content, or any reliance upon or use of the Website content or Products.

The Company does not warrant:

• The accuracy, reliability, completeness, or timeliness of the information provided on the Website;
• The accuracy, reliability, completeness, or timeliness of links to third-party websites;
• That any advice or information, whether oral or written, obtained from the Website will create any warranty not expressly stated herein;
• The results that may be obtained from the use of the Products or that any defects in the Products will be corrected; or
• The availability of any Products or offers on the Website.

The Company reserves the right to modify or discontinue any aspect or feature of the Website, including content, hours of availability, and equipment needed for access or use. The Company assumes no responsibility for any loss or damage arising out of or in connection with the inability to access or use the Website.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, the Company and its affiliates, partners, or licensors will not be liable for any direct, indirect, incidental, special, or consequential damages or losses, including but not limited to:

• Inability to use the Website or Products;
• Cost of procuring substitute products or content;
• Losses incurred from third-party transactions or offers on the Website;
• Lost profits, even if the Company was advised of the possibility of such damages.

In no event shall the Company's aggregate liability exceed the amount paid for the Products or services under this Agreement.

INDEMNIFICATION

You agree to release, indemnify, defend, and hold harmless the Company, its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or related to:

• Your breach of this Agreement or failure to comply with its terms;
• Your use of the Website or Products;
• Any violation of intellectual property rights or proprietary rights of others;
• Any information or data you provide to the Company.

The Company may participate in the defense of any third-party claim at its own expense. You agree to cooperate with the Company in the defense of any third-party claim.

PRIVACY

The Company is committed to protecting user privacy. Please refer to the Company’s Privacy Policy, incorporated by reference, which governs the use of personal data.

GENERAL

Force Majeure: The Company will not be liable for any failure or delay in performing its obligations due to unforeseen events beyond its reasonable control, including natural disasters, war, terrorism, civil commotion, labor disputes, government actions, pandemics, or other events beyond the Company’s control.

Cessation of Operations: The Company may cease operation of the Website and distribution of Products at its sole discretion, without notice.

Entire Agreement: This Agreement constitutes the entire understanding between you and the Company and supersedes any prior agreements.

Effect of Waiver: The failure of the Company to enforce any provision of this Agreement does not waive its right to enforce that provision in the future.

Governing Law and Jurisdiction: This Agreement will be governed by the laws of the State of Delhi, India, and you consent to the jurisdiction of courts located in Delhi for any legal disputes.

Waiver of Class Action Rights: By agreeing to these terms, you waive any right to pursue a class action or similar legal proceeding, and any claims must be pursued individually.

Termination: The Company may terminate your access to the Website if it determines, in its sole discretion, that you have violated the terms of this Agreement. The Company may take appropriate actions to prevent unauthorized access to the Website.

Domestic Use: The Website and Products are intended for use within India. Users outside of India do so at their own risk and are responsible for complying with local laws.

Assignment: You may not assign your rights or obligations under this Agreement. The Company may assign its rights and obligations at any time.

By accessing the Website or purchasing Products, you acknowledge that you have read, understood, and agree to be bound by these terms.