Terms and conditions
This document is an electronic record in terms of the Indian Contract Act 1872; theInformation Technology Act 2000, the rules made thereunder; and the amendedprovisions pertaining to the electronic records in various other statutes as amendedby the Information Technology Act, 2000.This electronic record is generated by a computer system and does not require anyphysical or digital signatures.These terms of use (“Terms of Use”) are published in accordance with the provisionsof Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and DigitalMedia Ethics Code) Rules, 2021, that require publishing the rules and regulations,privacy policy and terms of use for access or usage of a platform. These Terms ofUse are published for access or usage of the website viz.,www.kaumakids.com(“Website”) which is owned and operated by Exquisite ApparelPrivate Limited, having its registered office at Ground Floor, Plot no. 41, NagarjunaHills, Punjagutta, Hyderabad, Telangana, India, 500082 (“Company”).These Terms of Use are a legally binding agreement between you as the user(s) ofthe Website (referred to as “you”, “your” or “User” hereinafter) and the Company(referred to as “we”, “us”, “our” or “Company”).Your accessing of the Website signifies your consent to these Terms of Use, and thePrivacy Policy (published separately on the Website) and shall be deemed to be avalid contract formed through electronic means which shall be enforceable againstyou in the same manner as any other written contract. Your use and purchase of theproducts, and services as available on the Website (hereinafter collectively referredas the (“Service(s)”) is governed by the following terms and conditions as applicableto the Website including the applicable policies which are incorporated herein by wayof reference. By accessing the Website or using the Services, you agree to acceptand be bound by these Terms of Use. Please do not use the Services or access theWebsite if you do not accept all the Terms of Use along with other policies includingthe Privacy Policy of the Company or are unable to be bound by these Terms of Useor other applicable policies of the Company available on the Website.When you use any of the Services, you will be subject to the rules, guidelines,policies, terms, and conditions applicable to such service, and they shall be deemedto be incorporated into this Terms of Use and shall be considered as a part of thisTerms of Use, by mere reference. You acknowledge and agree that Company mayamend any term of these Terms of Use at any time by posting the relevant amendedand restated terms on the Website. By continuing to use the Services or access theWebsite, you acknowledge to have accepted the amended terms and agree that theamended terms will apply to you. It is your responsibility to periodically review theseTerms of Use for any updates and changes. If there is any conflict with any otherpolicy or document on the Website, the terms of use shall prevail.
Your access to the Website may occasionally be suspended at the sole discretion ofthe Company or restricted to allow repairs, maintenance, or an addition of a newfacility or service at any time without any prior notice to you. The Company shall notbe held liable or responsible for the non-availability of the Website during theperiodic maintenance operation or unplanned restrictions. However, we willendeavour to ensure uninterrupted availability or uptime of the Website.1. EligibilityThe Services are available only to persons who can enter into a legally bindingcontract under Indian Contract Act, 1872. You shall not use the Services if you arenot of legal age to form a binding contract with Company. Persons who are"incompetent to contract" within the meaning of the Indian Contract Act, 1872including minors, un-discharged insolvents are not eligible to use the Website oravail the Services. If You are a minor i.e. under the age of 18 years, you shall notregister as a member on the Website and shall not transact or use the Website oravail any Services. It is however clarified that whilst registering as a member on theWebsite or placing any order, the Company in good faith shall be solely relying uponthe information provided by you and the representations made by you. In the eventthe information provided by you is found to be incorrect, you undertake to indemnifythe Company and hold the Company harmless against any third party (civil orcriminal) claim.2. User Account and Registrationa. To place an order for the Services, you will be asked to provide information suchas your contact information and email address. You will be eligible to place an orderafter filling in the necessary details including address, delivery options and paymentdetails as may be required at the time of placing an order. In case you want to checkout previous orders or place new orders on the Website, the Company mayundertake security protocols such as verifying your contact information and emailaddress say by a onetime password which shall be shared on your contactinformation and/or email address. Upon fulfilling the security protocols such asproviding the one-time password, you will be eligible to place an order aftercompleting the order process.b. You agree to use the Website to make legitimate enquiries or orders. You will notmake any speculative, false, or fraudulent orders. If we are of the opinion that suchan order has been made, we shall be entitled to cancel the order and inform therelevant authorities. You also undertake to provide correct and accurate e-mail,address and/or other contact details to us as required for us to complete your order.If you do not give us all of the information that we need, we may not be able tocomplete your order.c. You agree to: (i) immediately notify the Company in case of any unauthorized useof your account or any other breach of security; and (ii) ensure that you exit from
your account at the end of each session. The Company, at its sole discretion mayask for the verification of the account information provided by you.d. We, our employees, agents, directors, and officers will not be liable for any loss, ordirect or indirect damage arising from your failure to comply with these Terms of Use.We also reserve the right to unilaterally refuse access to our Website, terminate youraccount, remove or edit content at any time without any prior notice to you.e. You are responsible for restricting access to your account, and you agree toaccept responsibility for all activities that occur under your account. We shall not beliable to any person for any loss or damage that may arise as a result of any failureby you to protect your account. We reserve the right to refuse service, terminateaccounts, or remove or edit content at its sole discretion. You are entirely responsiblefor the security and confidentiality of your account.f. You consent to the inclusion of your account information to access the Website andavail the Services and authorize the Company to use your account information inaccordance with the Company’s Privacy Policy. The Company reserves the right torefuse access to the Website or to terminate access granted to you at any time if theinformation or documentary proof is incorrect or misleading without providing anyreasons to you.g. The manner of usage, protection and confidentiality of your account information ismore specifically dealt under the Privacy Policy, and you are requested to read thePrivacy Policy in detail before sharing your account information or creating anaccount on the Website.3. Contract of Salea. Listing and display of a product by us on our Website is our invitation to you tomake an offer for purchase of such product. Likewise, the placement of an order onthe Website by you is your offer to buy the product(s) from us.b. Once you have placed an order with us for purchase of a product, you will receivean e-mail and/or SMS on mobile confirming receipt of your order and containing thedetails of your order. The order confirmation is merely an acknowledgement that wehave received your order and does not signify our acceptance of your offer.c. We only accept your offer and conclude the contract of sale for a product orderedby you, when the product is shipped or dispatched to you and an e-mail and/orregistered mobile number confirmation is sent to you that the product has beenshipped or dispatched to you. All orders placed are subject to the availability of suchproduct.
4. License
a. We authorise you to view and access the Website solely for provision of theServices i.e., identifying products, carrying out purchases of products and processingreturns and refunds, in accordance with the relevant policies, and therefore, grantyou only a limited, revocable permission to access and use the Services. b. You acknowledge and agree that the Company may interrupt, terminate,discontinue, or block your access to the Services or portions thereof at any time. TheCompany reserves the right to terminate or suspend your use of the Services upon agood faith determination of a violation of the Terms of Use.c. Any license granted to you does not include a license for: (i) resale of products orcommercial use of the Website; (ii) any collection and use of any part of the website,such as product listings, description, or prices, in any manner whatsoever (includingfor purposes of feeding any price comparison bots, etc., (iii) any use of the Servicesother than as contemplated in these Terms of Use, (iv) any downloading or copyingof login credentials of user, (iv) any use of data mining, robots, or similar datagathering and extraction tools to extract (whether once or many times) any parts ofthe Website for any purpose without the prior written consent of the Company and/or(f) creating and/ or publishing your own database that features parts of the Website.5. Pricing and Payment Mechanisma. All prices are subject to change at the sole discretion of the Company without priornotice to the User. You can pay for your goods in various ways as set out below.Depending on the payment method you choose, additional costs and terms mayapply.b. Credit card or debit card: You can enter your card details at the time you placeyour order using a valid credit or debit card (VISA, Mastercard, Rupay or such otheroption(s) as offered). The applicable amount will immediately be debited from yourcard. We reserve the right to check the validity of the credit or debit card, its creditstatus in relation to the order value and whether the address data of the purchaser iscorrect. We may refuse orders depending on the result of these checks.c. Cash on Delivery: You may choose to pay by cash on delivery upon receipt of thegoods. If the full payment is not provided at the time of delivery, the Companyreserves the right to refuse handing over of the product shipment, and also recoverany applicable return charges from you.d. UPI: You may choose to pay your order with UPI. The order value will be debitedfrom the associated bank account when you have placed your order at the checkoutpage along with any additional charges.e. Gift Cards/ Vouchers: To use these online, simply enter the unique code providedwhen you check out. If your order value exceeds the balance amount on the gift cardor voucher, the extra balance must be paid at checkout. Validity of giftcards/vouchers shall be for a period of 1 (one) year from the issuance date.
f. Store Credits: If you have any store credits that you want to utilize while placing anorder, log in from the same email address to which the note has been issued. Storecredits can only be used on full-price items and cannot be applied to discounted orsale items. Validity of store credits shall be for a period of 1 (one) year from theissuance date.g. Digital Wallet: You may choose to pay your order from the list of digital walletsmentioned on the Website. The order value will be debited from the wallet balancewhen you have placed your order at the checkout page along with any additionalcharges.h. Net Banking: You may choose to pay for your order via net banking. The ordervalue will be debited from the associated bank account when you have placed yourorder at the checkout page.i. You will receive your receipt/tax invoice with respect to the order via e-mail as wellas in the order package delivered to you.j. You are requested to see our Privacy Policy to see how your personal informationwill be used and stored by us.k. While we take care to ensure that all prices quoted on our Website are accurate,errors may occur. If we discover an error in the price of any product(s) you haveordered, we will inform you as soon as possible and give you the option ofreconfirming the order at the correct price or cancelling it. If we are unable to contactyou, the order will be treated as cancelled and if you have already paid for theproduct(s) you will receive a full refund.l. A nominal fee applies to Cash on Delivery (COD) orders, if your PIN code issupported. Rejection of a confirmed COD order will result in future servicerestrictions. When possible, we will send an email with a tracking link for your order.Shipping times are not guaranteed due to external factors, and shipping and CODfees, if any, may be extra and are non-refundable.m. Upon cancellation or return of any product any store credits used by you to placethe order shall not be refunded.6. Communication and Unsubscriptiona. By accepting the Terms of Use, you also accept to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by you. By accessingand using the Website and/ or verifying your contact number with us, you explicitlyconsent to receive such communications (through call, SMS, email, or other digitaland electronic means) from us and/or our authorized representatives.b. You can unsubscribe/ opt-out from receiving marketing/ promotionalcommunications, newsletters, and other notifications from us at any time by followingthe instructions set out in such communications.
7. User ResponsibilitiesIn accordance with the terms of Rule 3(1)(b) of the Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you arerequired not to host, display, upload, modify, publish, transmit, store, update or shareany information that:(i) belongs to another person and to which the user does not have any right;(ii) is obscene, pornographic, paedophilic, invasive of another’s privacyincluding bodily privacy, insulting or harassing on the basis of gender,racially or ethnically objectionable, relating or encouraging moneylaundering or gambling, or an online game that causes user harm, orpromoting enmity between different groups on the grounds of religion orcaste with the intent to incite violence;(iii) is harmful to child;(iv) infringes any patent, trademark, copyright or other proprietary rights;(v) deceives or misleads the addressee about the origin of the message orknowingly and intentionally communicates any misinformation orinformation which is patently false and untrue or misleading in nature or, inrespect of any business of the Central Government, is identified as fake orfalse or misleading by such fact check unit of the Central Government asthe Ministry may, by notification published in the Official Gazette, specify;(vi) impersonates another person ;(vii) threatens the unity, integrity, defence, security or sovereignty of India,friendly relations with foreign States, or public order, or causes incitementto the commission of any cognisable offence, or prevents investigation ofany offence, or is insulting other nation;(viii) contains software virus or any other computer code, file or programdesigned to interrupt, destroy or limit the functionality of any computerresource;(ix) is in the nature of an online game that is not verified as a permissibleonline game;(x) is in the nature of advertisement or surrogate advertisement or promotionof an online game that is not a permissible online game, or of any onlinegaming intermediary offering such an online game;(xi) violates any law for the time being in force;Further the User covenants and undertakes that:a. User will not upload, post, transmit, publish, or distribute any material orinformation that is unlawful, or which may potentially be perceived as being harmful,threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially,ethnically, or otherwise objectionable.b. User shall access the Website and transact at its sole risk and shall use its bestand prudent judgment before entering into any transaction through the Website.
c. User undertakes to behave professionally with the employees and representativesof the Company at all times. Any misbehaviour, unprofessional conduct, verbal, andphysical abuse is prohibited and will be considered as a violation of these Terms ofUse.d. User shall extend cooperation to us in our defence of any proceeding that may beinitiated against us due to a breach of your obligations or covenants provided herein.e. User shall not engage in any activity that interferes with or disrupts the Services.f. The information available on the Website does not authorize the User to downloadand use the data for commercial purposes. In case a User is found to be in violationof this then the Company at its sole discretion may suspend its account and alsomay take such action as it may be advised.g. User should be at least eighteen (18) years of age or above and should be fullyable and competent to understand and agree to the Terms of Use and other policiesof the Website and should agree to these Terms of Use and other policies of theWebsite out of his own free will and without any coercion or intimidation.h. User should have full power and authority to accept the Terms of Use and otherpolicies of the Website, to grant the license and authorization (if applicable) and toperform the obligations hereunder.i. User shall ensure that the information and material submitted on the Website or inrelation to the Services is true, accurate, current, and complete. User may berequired to furnish additional documents or information as the Company may deemfit. User agrees to promptly provide such additional documents and information,failing which the Company reserves its right to take appropriate measures againstthe User.j. User shall ensure compliance with all applicable laws while accessing the Websiteor availing the Service.k. User shall ensure that any information related to support or orders remainsconfidential and is not shared with third parties through social media or any otherpublic platforms.8. User's Conducta. The Website may be used by the Users for lawful purposes only. The Companyspecifically prohibits any use of the Website for, and you agree not to use theWebsite for, any of the purposes, including but not limited to, the following and youshall also not do or cause to do any of the following:i. Copying, reproducing, duplicating, modifying, publishing, transmitting, displaying,performing, selling, or distributing any of the Services or any information, text,images, graphics, video clips, sound, directories, files, databases, or listings, etc.available on or through the Website (the "Website Content"). The Website Content
includes proprietary information, which, include but not limited to, information, text,photographic and other images, and data contained therein and the proprietaryalgorithm, organization, and structures for categorizing, sorting, and displaying suchinformation in whole or in part, orii. Downloading any Website Content unless you see a 'download' or similar linkdisplayed on the Website by reference or unless you have obtained our prior consentto download the Website Content, oriii. Frame or utilize framing techniques to enclose any trademark, logo, or otherproprietary information (including images, text, page layout, or form) of the Websiteor of the Company. User may not use any meta tags or any other "hidden text"utilizing the Website's or Company's name or trademarks without the express writtenconsent of the Company, oriv. Using of data extraction, robot, spider, or any other data mining technology orautomatic or manual process to monitor, merge, decompile, disassemble, scrape,translate, decode, reverse engineer, decompile, cache, extract data from, copy ordistribute the Website Content (except as may be a result of standard internetbrowser or search engine), orv. Use or distribute any information from the Website Content, including informationthat has been verified or confirmed by you, to directly or indirectly create orcontribute to the development of any database or product, orvi. Using a buying agent to conduct transaction on the Website;vii. Making a purchase on the Website for reselling the products;viii. Use, reproduce, publish, or compile any portion of the Website Content for thepurpose of selling or licensing any portion of the Website Content or making anyportion of the Website Content publicly available; orix. Store, copy or export any portion of the Website Content into any database orother software, except as expressly set forth in the permitted usage above; orx. Use the Website Content or any portion of Website Content in a manner, that:- is unlawful, threatening, abusive, harmful, libellous, tortious, defamatory, false,misleading, obscene, vulgar, racially, or ethnically offensive, invasive of privacy orpublicity rights, inclusive of hate speech, or would constitute or encourage a criminaloffence, violate the rights of any party, give rise to liability, or violate any applicablelaws, intentionally or unintentionally, or is otherwise objectionable; or- infringes any patent, copyright, trademark, trade secret, or other proprietary right ofany party or violates the privacy or publicity rights of any party; or
- constitutes unlawful advertising or fraudulent, unfair, or deceptive practices, "spam"or any other form of unlawful solicitation in India or any other jurisdiction, with limitedexceptions as may be granted by the Company in writing; or- contains software viruses or any other computer code, files or programs that aredesigned to or have the capability to interrupt, modify, damage, improperly access,disable, destroy, or limit the functionality of the Website Content or servers ornetworks connected thereto or the activities of other users of the Website Content orof any computer software or hardware or telecommunications equipment.b. Use any portion of the Website Content to encourage or engage in illegal activity,stalk, or harass another person, or violate these Terms of Use or any applicablespam or privacy laws.c. Misuse the Website by knowingly introducing viruses, trojans, worms, logic bombsor other materials that are malicious or technologically harmful. You must not attemptto gain unauthorized access to any portion or feature of the Website or any othersystems or networks connected to the Website or to the server on which the Websiteis stored or to any of the Services offered on or through the Website or any server,computer or database connected to this Website. You must not attack this Websitevia a denial-of-service attack.d. We will not be liable for any loss or damage caused by a denial-of-service attackor viruses that may infect your computer equipment, computer programs, data orother proprietary material due to your use of this Website or to your downloading ofany information posted on it, if consented to, or on any website linked to it. You agreeto immediately report to us all incidents involving suspected or actual unauthorizedaccess, disclosure, alteration, loss, damage, or destruction of data.e. Unless expressly permitted, Users shall not probe, scan, or test the vulnerability ofthe Website or any network connected to the Website nor breach the security orauthentication measures on the Website, or any network connected to the Website.User may not reverse look-up, trace or seek to trace any information of any otherUser or visitor to the Website, or any other user, including any account on theWebsite not owned by User, to its source, or exploit the Website or any Service orinformation made available or offered by or through the Website, in any way wherethe purpose is to reveal any information, including but not limited to personalidentification or information, other than User's own information, as provided for by theWebsite. If you come across any content or activity on the Website that is illegal or inviolation of these Terms of Use or other policies, you are requested to immediatelynotify the Grievance Officer specified in the Privacy Policy.f. The sole responsibility of the safe custody of the log-in details shall be that of theUser and the Company shall not be responsible for data loss/theft of data/corruptionof data or the wrong usage/misuse of the log-in details and any damage or leak ofinformation and its consequential usage by a third party. User undertakes to take all
reasonable precautions at its end to ensure that there is no leakage/misuse of thelog-in details.g. By providing any information, content, or material, including but limited to, photos,videos, images, phone numbers, email ids, chat details, tech tickets, etc. ("UserContent") to the Company or our representative(s), you grant perpetual, worldwide,royalty-free, revocable and sub-licensable license to the Company to display,transmit, distribute, reproduce, publish, translate, and otherwise use any or all of theUser Content in any form, media, or technology now known or not currently known inany manner and for any purpose which may be beneficial to the operation of theWebsite, the provision of any Services and/or the business of the Company. Youconfirm and warrant to the Company that you have all the rights, power, andauthority necessary to grant the above license.h. The Company shall share and transfer the User Content to third party serviceproviders who assist in operating and maintaining the website and deliveringServices to you and you agree to such transfer of the User Content by the Companyto third-party service providers.9. Limitation of Liability and Disclaimera. You agree that your use of the Website shall be at your sole risk.b. To the fullest extent permitted by applicable law, the Company, its officers,directors, employees, and agents exclude all warranties, express or implied, inconnection with the Website and your use thereof. The Company excludes allconditions, terms or representations about the accuracy or completeness of theWebsite Content and assumes no liability or responsibility for any:i. errors, mistakes, or inaccuracies of Website Content,ii. any unauthorized access to or use of our secure servers and/or any and allpersonal information and/or financial information stored therein,iii. any interruption or cessation of transmission to or from our Website,iv. any bugs, viruses, trojan horses, or the like which may be transmitted to orthrough our Website by any third party, and/orv. any errors or omissions in any Website Content or for any loss or damage of anykind incurred as a result of the use of any Website Content made available via theWebsite.c. We hereby expressly disclaim all warranties and representations of any kind withrespect to any Website Content and features available on the Website, including butnot limited to:
i. warranties as to merchantability or use for a particular purpose the WebsiteContent whether or not the Company knows or has reason to know or has beenadvised of any such purpose orii. warranties as to any results to be obtained from any use of the Website Content orinformation derived from use of the Website.d. The Company (and its owners, consultants, advertisers, affiliates, partners,officers, directors, or employees) shall not be liable to you or to any third partyshould the Company exercise its right to modify or discontinue any or all thecontents, information, data, software, products, features, and services published onthis Website.e. The Company (and its owners, consultants, advertisers, affiliates, partners,officers, directors, or employees) makes no representations about the suitability ofthe contents, information, data, software, products, and Services contained on thisWebsite for any purpose. All such contents, information, software, products, andServices are provided "as is" without warranty of any kind. The Company (and itsowners, consultants, advertisers, affiliates, partners, officers, directors, oremployees) hereby disclaims all warranties and conditions with regard to thesecontents, information, software, products and Services, including all impliedwarranties and conditions of merchantability, fitness for a particular purpose, title,non-infringement, and availability.f. In no event shall the Company (and its owners, consultants, advertisers, affiliates,partners, officers, directors or employees) be liable for any direct, indirect, punitive,incidental, special or consequential damages arising out of or in any way connectedwith the use of the Website or any consequences arising out of the accountinformation submitted by you or with the delay or inability to use the Website, or forany contents, information, software, products, features and services obtainedthrough the Website, or otherwise arising out of the use of the Website, whetherbased on contract, tort, strict liability or otherwise.g. Under this Terms of Use, you assume all risk of errors and/or omissions on theWebsite, including the transmission or translation or presentation or analysis ofinformation. You assume full responsibility for implementing sufficient proceduresand checks to satisfy your requirements for the accuracy and suitability of theinformation provided on the Website. Any material downloaded or otherwiseobtained through the use of the Website is done at your own discretion and risk.h. No advice or information, whether oral or written, obtained by you from us shallcreate any warranty that is not expressly stated herein.i. You agree and acknowledge that soliciting or receiving services from any ServiceProvider independently is solely at your own risk and in such an event, you waiveany rights that you may have under these Terms of Use.
10. Intellectual Property Rightsa. Unless otherwise indicated or anything contained to the contrary or anyproprietary material owned by a third party and so expressly mentioned, all title,ownership and intellectual property rights in Website and Website Content shallremain with the Company or licensors of the Website Content, as the case may be,including without limitation, any and all rights, title and interest in and to copyright,related rights, patents, utility models, trademarks, trade names, service marks,designs, know-how, trade secrets and inventions (whether patentable or not),goodwill, source code, meta tags, databases, text, content, graphics, icons, andhyperlinks. You acknowledge and agree that you shall not use, reproduce, ordistribute any content from the Website belonging to the Company without obtainingan express authorization from the Company. All rights not otherwise claimed underthe Terms of Use and other policies of the Website or by the Company are herebyreserved.b. You agree not to interfere or infringe our rights in any marks, service marks, tradename and any other marks used by the Company ("Marks") including challenging ouruse, registration, or application to register the Marks, anywhere in the world, and thatyou will not harm, misuse, or bring into disrepute any of the Marks. By your access tothe Website you hereby waive any claim or objection you have against the Marks.The goodwill derived from using the Marks or any part thereof, shall inure exclusivelyto the benefit of the Company.c. All Marks, domain name, trade dress including the look, feel and design of theWebsite, Website Content, interfaces, etc., and the selection and arrangementsthereof, is the property of the Company, unless otherwise indicated. All this isprotected under copyright, trademark and other applicable intellectual property lawsand may not be used by you, except as permitted by the Company. Theunauthorized copying, modification, use or publication of these marks is strictlyprohibited.d. All third-party trademarks advertised or displayed on the Website belong solely tothe respective third party and we do not have any rights over such third-partytrademark.e. Notwithstanding the foregoing, it is expressly clarified that you will retainownership and shall solely be responsible for the User Content. However, withregard to product customization service (as against other Services like blogs andforums) you expressly agree that by uploading and posting content on to the Websitefor public viewing and reproduction/use of your content by third party users, yougrant a non-exclusive license for the use of the same.11. Delivery and Shippinga. All orders for products are subject to availability and in this regard, in the event ofsupply difficulties or because products are no longer in stock, we reserve the right to
cancel your order and refund any amount that you might have paid. Further, at oursole discretion, we may give you information about substitute products of an equal orhigher quality and value which you can order. If you do not wish to order suchsubstitute products, we will refund any amount paid by you.b. We reserve the right to withdraw any products from the Website at any time and/orremove or edit any materials or content on the Website. Whilst we will make our bestefforts to always process all the orders, there may be exceptional circumstanceswhich mean that we may need to refuse to process an order after we have sent youan order confirmation, which we reserve the right to do at any time, at our solediscretion. We will not be liable to you or any other third party by reason of ourwithdrawing any product from the Website, whether it has been sold or not, removingor editing any materials or contents on this website or for refusing to process oraccept an order after we have sent you the order confirmation.c. We will attempt to deliver the purchased product to your designated address withinthe estimated timeline of delivery notified to you. In the event you are not available orpresent to accept the delivery of the product, our logistic partners will make amaximum of 3 (three) attempts to deliver the purchased product(s) to you. If the thirddelivery attempt is unsuccessful and you continue to remain unavailable, we reservethe right to cancel the order of the purchased products at our sole discretion andprocess the return of such product to us. We further reserve the right to deduct theshipping and delivery charges borne by us while processing any refunds subsequentto such cancellation.d. The products will be at your risk from the time of delivery. Ownership of theproducts will only pass to you when we receive full payment of all sums due inrespect of the products, including delivery charges, or upon delivery, whichever is thelater.12. Warranty and ReturnsAll products are provided to you on an as is where is basis, and solely with thewarranties provided by the producer/manufacturer of the said products. TheCompany disclaims any other warranty claim against the products. Further:a. Product exchanges and returns are accepted within 15 (fifteen) calendar daysfrom the date of delivery. We strive to offer a pick-up service for exchanges orreturns, but it is not guaranteed. In such instances, customers are asked to ship thereturn themselves.b. Please note that we offer only 1 (one) pick-up per order for exchanges or returns,even if the logistics or operational error is on our part. Final sale items and sampleunits (which may have minor imperfections) are not eligible for return or exchange.c. Products that are returned without original packaging are ineligible for returns.Unauthorized in-bound shipments or ineligible returns will be recycled or discarded
without notice and may result in additional service fees and/or future servicerestrictions.d. The Company shall have the right to process refunds as store credits. At the solediscretion of the Company, refunds may be processed to the original mode ofpayment made for the products.e. In case of any defects discovered within 14 (fourteen) calendar days of purchase,please email support@kaumakids.com using the email associated with the order. Asa small business, we cannot accommodate requests for standard or defectiveproducts beyond this timeframe.f. You can go to my orders on your account page, then click on the order you want toreturn, select the item to be returned and submit the request. After that, please placethe item you wish to return in the parcel the item was received in and hand it over tothe delivery person assigned to carry out the pick-up.g. Upon receipt of the product, we will fully examine it and notify you of your right to areplacement or refund (if any) via e-mail within a reasonable period of time. We aimto process the refund or replacement as soon as possible and, in any case, within 30(thirty) days of the day we confirmed to you via email that you are entitled to a refundor replacement.h. Any product which is damaged or not in the same condition as you received it, orwhich is worn will not be refunded. You should therefore take reasonable care of theproduct(s) while they are in your possession.13. Cancellation of Ordera. Orders cannot be cancelled once it has been processed for packing or shippedfrom the warehouse. However, only the orders which has not been processed forpacking or shipped from the warehouse and which the Company or Website permitsan option that it could be cancelled.b. On receipt of the cancellation request, where it is permissible at our end, we shallcancel the order and initiate the refund the amount paid by you for the products. Theamount shall at the option of the Company be refunded to you through the samemode of payment used by you for the purchase or issue store credits to you.c. The Company shall have the right to process refunds as store credits. At the solediscretion of the Company, refunds may be processed to the original mode ofpayment made for the products.14. Force MajeureUnder no circumstances shall the Company be held liable for any loss of data, delayor failure or disruption of the content or Services delivered through the Websiteresulting directly or indirectly from acts of nature, forces or causes beyond theCompany's reasonable control, including without limitation, internet failures,
computer, telecommunications or any other equipment failures, electrical powerfailures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages oflabour or materials, fires, flood, storms, explosions, acts of God, pandemic, war,governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties, failure of manufacturer to supply on time, loss of goodsduring transit, etc.15. Noticesa. All legal notices or demands to or upon the Company shall be made in writing inEnglish language and sent to the Company personally, by courier, certified mail, orelectronic mail to the following entity and address: Name: Exquisite Apparel PrivateLimited, Address: Ground Floor, Plot no. 41, Najarjuna Hills, Punjagutta, Hyderabad,Telangana, India, 500082, Attn: Operations Manager, EmailID: support@kaumakids.com The notices shall be effective when they are receivedby the Company in any of the above-mentioned manner.b. All legal notices or demands to or upon a User shall be effective if either deliveredpersonally, sent by courier, certified mail, by email to the last-known correspondence,or email address provided by the User to the Company, or by posting such notice ordemand on an area of the Website that is publicly accessible without a charge.Notice to a User shall be deemed to be received by such User if and when:i. the Company is able to demonstrate that communication, whether in physical orelectronic form, has been sent to such User, orii. immediately upon Company posting such notice on the Website that is publiclyaccessible without charge.16. Breachesa. The Company reserves the right in its sole discretion, without intimation to theUser, to remove, modify or reject any User Content that the User submits to, posts,or displays on the Website which the Company reasonably believes is unlawful,violates these Terms of Use, could subject the Company or its affiliates to liability, oris otherwise found inappropriate in the Company's opinion. If the User breaches anyTerms of Use, or if the Company has reasonable grounds to believe that the User isin breach of any of the Terms of Use or other policies of the Company, the Companyshall have the right to take such disciplinary actions as it deems appropriate,including without limitation:i. suspending or terminating the User's account and any and all accounts determinedto be related to such account by the Company in its sole discretion;ii. restricting, downgrading, suspending, or terminating the subscription of, access to,or current or future use of the Website;iii. removing any User Content that the User has submitted, posted or displayed; and
iv. any other corrective actions, discipline or penalties as the Company may deemnecessary or appropriate in its sole discretion.b. Notwithstanding anything contained herein in these Terms of Use, the Companymay with or without notice and in its sole discretion be entitled to suspend, de-activate, or de-list the User's account for any reasons including without limitation,economic constraints, operational difficulties, financial implications, usage behaviourof the User on the Website or with the Service Provider etc. The Company reservesthe right to cooperate fully with governmental authorities, private investigators and/orthird parties in the investigation of any suspected criminal or civil wrongdoing.Further, the Company may disclose the User's identity and contact information, ifrequested by a government or law enforcement body or third party pursuant to legalcommunication received by the Company, or as a result of a subpoena or other legalaction.17. IndemnificationYou agree to indemnify, defend and hold harmless the Company and its affiliates,directors, officers, employees, agents, sub-contractors, partners and representativesagainst any loss, liabilities, expenses, costs, claims (including third-party claims) ordamages (including but not limited to loss of profits) suffered as a result ofunauthorised attempts to: (a) defeat or circumvent the account Information or othersecurity features of the Website; (b) use the Website for other than intendedpurposes; or (c) obtain, alter, damage or destroy information or otherwise to interferewith the system of its operation that are not permitted and may result in a loss ofaccess to the Services. User shall also indemnify, defend and hold harmless, theCompany, its affiliates, directors, officers, employees, agents, sub-contractors andrepresentatives, from any and all damages, losses, claims (including third-partyclaims), expenses, costs and liabilities (including legal costs on a full indemnitybasis) which may arise out of your access to the Services, use of the Services, yoursubmission, posting or display of any User Content, breach of these Terms of Useand/or other policies of the Website.18. Terminationa. The Company may de-register you from its Website and/or terminate your use ofthe Website or its Services if it believes, in its sole and absolute discretion that youhave breached, violated, abused, or unethically manipulated or exploited any ofthese Terms of Use and/or other policies of the Website.b. Notwithstanding anything mentioned above, these Terms of Use will surviveindefinitely unless and until the Company chooses to terminate them.c. If the Company terminates your use of the Website or any Service, the Companymay delete any content or other materials relating to your use of the Service and theCompany will have no liability to you or any third party for doing so.
d. You shall be liable to pay for any Service or product that you have already ordered/ used until the termination of these Terms of Use.e. Notwithstanding any thing to contrary contained herein, the Company may atanytime and at its absolute discretion discontinue the Website, close the businesspartially or fully, and you shall not have the right or claim to any damages arising asa result thereof.19. Governing LawThis Agreement shall be governed by and interpreted and construed in accordancewith the laws of India. In the event of dispute between the parties pertaining to theseTerms of Use as well as for any Service/product sold by the Company through theWebsite or for bookings made telephonically, the same shall be subject to theexclusive jurisdiction of the appropriate courts at Hyderabad.20. DisputesAll complaints/ queries relating to the Services, or the Website need to be routed byreaching out to our customer support team at support@kaumakids.com. TheCompany would require a minimum of 7 (seven) working days to respond to thecomplaints queries/ raised by you. However, the Company shall not respond to anycomplaints/ queries relating to any events arising out of non-compliances of terms ofuse by you. Further, the Company may take such additional time to respond to acompliant/ query as it may deem fit. In case of any non-compliance of these Terms ofUse, the Company shall have the right to take appropriate legal action underapplicable laws against the User.21. SeverabilityIf any provision of the Terms of Use is determined to be invalid or unenforceable inwhole or in part, such invalidity or unenforceability shall attach only to such provisionor part of such provision and the remaining part of such provision, and all otherprovisions of these Terms of Use shall continue to be in full force and effect.22. AmendmentWe reserve the right, at our sole discretion, to change, modify, add, or removeportions of these Terms of Use at any time without any prior notification to theUser(s) and the amended and revised Terms of Use shall be effective forthwith. Yourcontinued use of our Services will signify your deemed acceptance of the revisedTerms of Use.23. Entire AgreementSubject to any terms and conditions, the Terms of Use and other policies of theWebsite constitute the entire agreement between the User and the Company andgovern User's use of the Website and Services. Any agreement executed by any
User with the Company in relation to the Services shall be read along with theseTerms of Use.24. AssignmentThe Company shall have the right to assign the Terms of Use (including all of ourrights, titles, benefits, interests, and obligations and duties in the Terms of Use to anyperson or entity (including any affiliates of the company).
