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 to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.kimaye.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Shopping portal/ platform”) 

Welcome to www.kimaye.com, an online shopping portal of INI FARMS Pvt. Ltd.  (IFPL) for the range of retail fruits under the brand Kimaye. The terms and conditions contained herein along with the Privacy Policy and Agreement regulating our relationship with regard to the use of www.kimaye.com by you. You are advised to read this Agreement carefully before entering into a transaction on www.kimaye.com. If you accept this agreement, it will be a legally binding agreement between you and INI FARMS Pvt. Ltd. 

This website www.kimaye.com is operated by INI Farms Pvt. Ltd., an India based company incorporated under the Indian Companies Act of 1956 . The policy is issued by ‘INI Farms Pvt. Ltd’. By placing an order on this site you are entering into a purchase/sale transaction with INI Farms Pvt. Ltd.

Definitions

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced time to time.

www.kimaye.com or the “Site” means the online shopping portal owned and operated by INI Farms Pvt. Ltd. which provides a plat to the shoppers to buy the products listed on the site.

"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on site by placing an order for and or purchases any products offered for sale on the site.

"User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Site.

The term "We", "Us", "Our" shall mean INI Farms Pvt. Ltd.

Eligibility 

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users.

Term 

This Agreement shall continue to be in full force and effect for so long as you are using the site. The site provides the online shopping platform wherein the Users can purchase/buy the products and services listed on it pursuant to the terms and conditions set forth below. By clicking on the “Proceed to Payment” button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations.

Account & Registration Obligation 


All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service. 


Modification of Terms and Conditions

INI may at any time modify the terms and conditions contained on the Site without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the modified Terms and Conditions.

Online Shopping Platform 

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

 After the receipt of payment, the Buyer/ cash on delivery as the case may be, INI shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer. Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway. 

You also Agree and Confirm to the following: 

  1. You will provide authentic and true information in all instances where such information is requested of you. INI reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever. 
  2. You authorise INI to contact you for any transactional purposes related to your order/account. 
  3. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. 
  4. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description. 

Accuracy, Completeness and Timeliness of Information 

.The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

Product Pricing 

Product prices are subject to change as per the season and availability of fruits. Due to the seasonal nature of fruits, some products will be available only for certain time period. The product prices will be updated on the website. While every care has been taken to label the products accurately, errors in data entry and updating may occur. INI reserve the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer. Prices are subject to change without advance notice.

 All prices on this web site are given in Indian Rupees. For international cards used on the site, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument.



Out of Stock situations

Our endeavour is to ensure that all products listed on the site are available in stock for despatch to the buyer. However, in case this in not available for any reason, we will contact you within a business day and give you the option to exchange or cancel the order based on your convenience.

Payment Options

The following modes of payments are available:

  1. Credit Cards - Master Card, Visa, Diners
  2. Debit Cards - Master Card, Visa, Maestro and Rupay
  3. Netbanking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for purchases
  4. Wallets
  5. UPI

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. Your credit card or debit card statements will reflect Razorpay Services Private Limited. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To place an order you will need to complete the transaction on the website. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites. After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section.
In this section you will be asked for address and other contact information as well as payment related information. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same.

Security 

Transactions on the website are protected by SSL (Secure Sockets Layer) and Secure Data Encryption using a 1024-bit process. Any information you enter when transacting with the web store is sent in a Secure Socket Layer (SSL) session and is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that it follows the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorised and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with. In case of data leak or hacker attack: INI is not responsible or any data leaks or misuse of data in such cases. 

Suspension due to non-compliance with Agreement

Notwithstanding other legal remedies that may be available to INI, INI may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site.

  • If the User is in breach any of the terms and conditions of this Agreement;
  • If the User has provided wrong, inaccurate, incomplete or incorrect initiation;
  • If your actions may cause any harm, damage or loss to the other Users or INI

Submissions 

INI welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, initiation, or any other content you contribute to INI or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for INI to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by INI will not infringe upon or violate the rights of any third party.

Shipment of Products 

We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorised by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order. The delivery will NOT be redirected / redelivered to any other address in any circumstance.
The selected product will be delivered only in the city it is mentioned as “available” on this Site.
INI shall not be held responsible for damage of products after delivery.
INI will contact the customer on the first time & confirm the date, time & address of delivery. If the delivery fails due to following reasons, INI will contact the customer 2nd time to deliver goods & levy delivery charges for the second attempt. In case the customer refuses to pay the second time delivery charges, INI will refund the entire order money to the Customer. 

INI will consider the order delivery “failed” in the following cases 

  • Delivery not done due to wrong address.
  • Recipient not available.
  • Premises locked.

In case of incident beyond INI’s control like riots/ floods/ heavy Rains/ National Bandh we reserve the right to reschedule the delivery for another date. In case the product is not delivered due to any of the above reasons, we will inform you about the same.

All claims for returns (in case of spoilage or shortage) must be reported to customer service on the day of delivery, ideally in 8 hours, through the contact us page on the web store. Also the said shortage of goods needs be highlighted and signed on the delivery challan copy and returned to the delivery person

Delivery Charges 

Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments

Errors, Inaccuracies and Omissions 


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted the order). 


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.


Prohibited Uses

 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Termination 


This User Agreement is effective unless and until terminated by either you or INI. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. INI may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to INI. Upon any termination of the User Agreement by either you or INI, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. INI's right to any comments/ Submissions shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement. 


Indemnity 

User agrees to defend, indemnify and hold harmless INI, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Governing Law and Jurisdiction

This website is created and controlled by INI in Mumbai, India and the laws of India shall apply. This agreement is governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the INI Site. Use of the INI Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold INI, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Site.

Intellectual Property Rights

INI and other names, graphics, logos, and icons identifying INI or its products, programs, processes, technology, content and other materials, which appear on this Site or services are the proprietary marks of INI. These IPR’s can’t be used in connection with any product or service that is not offered by INI, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits INI. 

Entire Agreement 

These Terms and Conditions, together with privacy policy, and other rules and policies posted on the site, which are hereby incorporated as set forth fully in these Terms and Conditions, constitute the entire agreement between you and INI with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and INI with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

Contact Information

Questions about the Terms of Service should be sent to us at hello@kimaye.com