Terms and Conditions

WWW.KAVACHMASK.COM  — TERMS & CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY

The following terms and conditions (the “Terms of Use”) govern your use of the web site currently located at WWW.KAVACHMASK.COM and the subdomains thereof (the “Web site”). The Web site is managed by LBug Retail Pvt. Ltd. (referred to herein as “LBug,” or “we,” or “us,” or “our”). These TERMS AND CONDITIONS are effective upon acceptance and governs the relationship between you and LBug Retail Pvt. Ltd., a company incorporated under Companies Act, 1956 having its registered office at 37-38 B-Block, 2nd Floor, Ajanta Commercial Center, Near Income Tax, Ashram Road, Ahmedabad, Gujarat, India 380014 (hereinafter the “Company”) including the sale and supply of any Products on the Web site.

We may change these Terms of Use from time to time, by posting such changes on the Web site, and such changes will be effective upon any further use of the Web site. The “Last Modified” date will indicate when the latest changes were made to the Terms of Use. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR OTHERWISE USE THE WEB SITE.

Membership Eligibility:

Use of the Web site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Web site. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Web site. As a minor if you wish to purchase an item on the Web site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Web site. We reserve the right to terminate your membership and refuse to provide you with access to the Web site if it is brought to our notice or if it is discovered that you are under the age of 18 years. The Web site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. Those who choose to access this Web site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We do not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality. Membership is available to anyone, above age of 18, who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique username and password. We allow one registered Membership per legitimate electronic mail address. Members may not have multiple accounts at same/multiple shipping addresses or IP addresses. In such case, we reserve the right to terminate all your accounts and/or orders and restrict you from system going forward.

User Information:

In order to make purchases, open an account, sign-up for e-newsletters and/or participate in certain activities on the Web site, you may be required to submit certain personal information. Our information collection and use policies with respect to any user information submitted on or through the Web site are set forth in the Web site’s Privacy Policy, which is incorporated herein by reference for all purposes. When submitting information to the Web site, you agree to provide only true, accurate, current and complete information, and you accept all responsibility for all activities that occur under your account. We reserve the right, in our sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the Web site for any reason, including without limitation for extended periods of inactivity and if you provide untrue, inaccurate, not current and incomplete information or we have reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete. We shall have no liability associated with or arising from your failure to maintain accurate information with us, including, but not limited to, your failure to receive critical information about the Web site.

If you use the Web site as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Web site registration form or provided by You as a Visitor or user of a third party site through which You access the Web site. If you provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Web site.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.

Limited License:

We grant you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from us. This license does not include any resale or commercial use of the Web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This Web site or any portion of this Web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent from us .

Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WWW.KAVACHMASK.COM so long as the link does not portray us, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any our logo or other proprietary graphic or trademark as part of the link without express written permission.

Rules of Conduct:

While accessing or using the Web site, the Site Content and the various other features available on the Web site, in addition to any other supplementary terms, rules and/or guidelines that may be posted, you agree that you shall not:

• impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• use, redistribute, republish or exploit any part of the Web site or any Site Content for any commercial or promotional purposes, or contact any other user of the Web site for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Web site;
• alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Web site through any means, including through means not intentionally made publicly available or provided for through the Web site;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Web site, or obtaining lists of users or other information from or through the Web site, including, without limitation, any information residing on any server or database connected to the Web site;
• use the Web site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Web site or interfere with any other party’s use and enjoyment of the Web site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Web site or its services or any software on the Web site;
• upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• use the Web site or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
• upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; oruse the Web site or its services (or any Site Content), in whole or in part, in violation of any applicable law.

Colors:

While we have made every effort to display the colors of the products that appear on the Website as accurately as possible, we cannot guarantee that your monitor or screen’s display of any color will be completely accurate. As the actual colors you see depend on your computer monitors and screens resolution and it varies in all electric devices.

Pricing:

The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.This receipt does not constitute a contract, and orders may be canceled at any time due to insufficient stock, inability to authorize a credit card, suspicion of fraudulent intent, discovery of an incorrect item price, or any other reason, as we see fit.

Cancellation by Us:

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

Cancellations by the User:

In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. We need you to understand that on the basis of your consent written/verbal we place the order with our vendors, thus cancelling the order by you after 24 hours is over is a double loss of revenue for us. In such a case we need a written email from you stating the order number and the reason for cancellation.
After receiving that email we will take a decision. Products once dispatched cannot be returned except whenan approval have given through us.  The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

Fraudulent /Declined Transactions:

We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

Credit Card Use:

You agree, understand and confirm that the credit card details provided by you for availing of services on the Web site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further, the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. Your transaction is authorized at multiple points, first by the Payment Gateway and subsequently by Visa and Mastercard secure directly without any information passing through us. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

If you make a purchase using you debit/credit card, and the amount gets charged to your card but the order failed – Then please  Call our Customer Care @ +91 99 788 35084 and send us proof of debit/credit card transaction (bank statement) at kavachmask@gmail.com and we will refund your money within 7 working days.

Delivery:

Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We endeavour but do not guarantee to deliver the products to Users within 2-3 weeks from the day of close of sale depending upon the shipping location. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.

Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:

• unavailability of the relevant product;
• failure of the concerned manufacturer/supplier/designer/importer to deliver relevant product to us;
• poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
• inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.

In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.

Electronic Communications:

You hereby consent to receive communications from us electronically. You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. We do not accept any liability or responsibility for emails or other electronic communications that are intercepted, garbled, lost or not received.

DISCLAIMER OF WARRANTIES:

THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS THEREON, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE, THE SERVICES, THE PRODUCTS, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. WE MAKE NO WARRANTY THAT THE WEB SITE, THE SERVICES OR THE PRODUCTS ON THE WEB SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR FROM OR THROUGH THE WEB SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOU SHOULD DISCONTINUE USING THE WEB SITE. WE DO NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE WEB SITE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED BY US (OR OUR LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR THE LICENSOR OR SUPPLIER. WHILE WE DO OUR BEST TO DISPLAY COLORS AND SIZING AS ACCURATELY AS POSSIBLE, YOU UNDERSTAND THAT COLORS OR SIZING OF OUR PRODUCTS MAY APPEAR DIFFERENTLY IN REAL LIFE THAN THEY DO ON YOUR SCREEN.

LIMITATION OF LIABILITY:

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE WEB SITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEB SITE, OR (B) TEN DOLLARS ($10). ALL USERS OF THIS WEB SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

Copyright, Trademarks, Patents, and Other proprietary rights:

Copyright to all content, information, and other data on the Web site is either licensed to or owned by Lbug Retail Pvt Ltd. No Content, information, material, or other data from this Web site may be copied, reproduced, published, republished, uploaded, posted, displayed, transferred, transmitted, modified, used, abused, or misused to prepare derivative works, published or republished, distributed or redistributed in any way in any medium now known or later derived, created, or invented, except that you may download one single copy of the authorized content material on any single computer for your non-commercial personal home use only, provided you retain all relevant and pertinent copyright and proprietary notices. It is a violation of our copyright and proprietary rights to attempt to change, modify, or adjust these materials or to use, misuse, or abuse these materials for any other purpose than the original intent, and by doing so may subject you to injunctive relief, statutory damages and other penalties as related to the fullest extent of the law of the India. It is strictly prohibited to use of any such material on any other internet or intranet web site or networked computer or data transmitting environment without the express written consent or permission of LBug.

All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on this Web site are either owned by LBug or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of LBug. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this Web site or any other LBug web site.

Arbitration:

If any dispute arises between You and Company during your use of the Web site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Company. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Ahmedabad, India.

Governing Law:

These Terms, and the Privacy Policy shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, India.

Last Updated : January 2017