Terms of Use
TERMS AND CONDITIONS OF USE
OVERVIEW
This Site and the digital and social media platforms attached and mentioned on this site (Collectively called as “Site” or “Website”) is Owned By Kinben Innovation Pvt Ltd (Hereinafter Referred To As “We”, “Us”, “Our” Or “Kinben Innovation Pvt Ltd”).
By visiting our site and/ or Interacting with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, third party individuals, merchants.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, kindly do not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
For the purpose of this document, "User" / "Users" shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with and/or transact at the Website in any way.
We urge the Users to read the Conditions, our Privacy Policy (hereinafter, referred to as the “Data Protection Policies”) carefully before using this website. When using this website or Interacting with us, the User is bound by these Conditions and our Data Protection Policies.
Accessing, browsing or otherwise using the website will be construed as User’s unequivocal and irrevocable acceptance and acknowledgement to the Conditions and binding policies hereof. By using this website, the User declares to have carefully read, understood and agree to be bound by these Conditions. Kinben Innovation Pvt Ltd may at its sole discretion allow or disallow access to website and reserves the right to modify any of the Conditions at any time, without prior intimation to the Users. Continued use of this Website shall constitute Users acceptance of the modified Conditions.
1. ELIGIBILITY:
User should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If User is under 18 years of age who is intending to avail the services of the Website, should do so through its legal guardian in accordance with applicable law.
If User is using the Website on behalf of any corporation, company, institution, association or other entity, the User should be authorized by such corporation, company, institution, association or other entity to use and access the Website.
Kinben Innovation Pvt Ltd reserves the right to refuse access to use the services offered at the Website to new User or to terminate access granted to existing User/ Users at any time without according any reasons for doing so.
2. USER ACCOUNT:
User may be required to provide detailed information about yourself for using the Website. User shall be solely responsible for the confidentiality of its User Id and details provided including but not limited to your resume (if applying for a vacancy with us). User shall be solely responsible for the accuracy and correctness of all such details/information given by User. If Kinben Innovation Pvt Ltd has a reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then we shall be entitled to cancel or suspend the User permanently or for such period as Kinben Innovation Pvt Ltd deems fit.
The relevant information or personal details that User provides Kinben Innovation Pvt Ltd shall be processed in accordance with the Data Protection Policies. When the User uses this Website, the User agrees to the processing of the information and details and the User states that all information and details provided are true and correspond to reality.
3. USE OF OUR WEBSITE AND DIGITAL PLATFORMS
• User consents to receive communications from us regarding latest offers, exclusive promos, product launches etc. and any other relevant information/ communications. However, the User may have an option to opt out to receive the said communication. Kindly refer the privacy policy for more details.
• In this spirit of community, we feel it is important to maintain an environment based on respect so that we can better communicate and learn all together. Therefore, we have laid down some rules for us to better manage the activity on our social media pages. We reserve the right to delete any of your posts or comments if they do not meet our guidelines.
• We will delete any inappropriate comments or posts that include:
a) Hatred, threats or harassment
b) Threatening or incitement to criminal behaviour
c) Illicit material
d) Crude, obscene or sexually explicit content
e) Off-topic interventions
f) Attempts to disturb the discussion (also known as trolling)
We recognize some off-topic comments may bring up future topics of discussion, but we still might delete them if they interfere with the current subject thread.
Posting
Whenever you comment on one of our social media accounts and/or tag us on a post, you grant us the free rights to use and share that content with proper credit. It could be used for any helpful purposes and on any of our company’s social media accounts. Kindly refer the privacy policy for more details
Opinions
Everyone is entitled to her or his opinion. Respect the opinions of others in your discussions and keep an open mind when exchanging with other people. Any opinions expressed on our social media by individuals, related or not to Kinben, should not be taken as our company’s position on a given topic.
Even though our employees and partners are ambassadors of the company’s culture and vision, they have their own opinions. These opinions do not necessarily reflect Kinben’s official stance.
4. LIABILITY -
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if the Users are contracting as a consumer or user, we are obliged to deliver goods and services that are in conformity with the contract, being liable to the User for any lack of conformity which exists at the time of delivery. It is understood that the goods and services are in conformity with the contract if they: (i) comply with the description given by us and possess the qualities that we have presented on this website; (ii) are fit for the purposes for which goods and services of this kind are normally used; (iii) show the quality and performance which are normal in goods and services of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.
Kinben Innovation Pvt Ltd shall not be responsible for any direct, indirect, consequential, actual, monetary, incidental etc. or any other kind of damages or losses to the customer due to reliance on any information provided on this website unless explicitly mentioned.
Limitation of Liability
In no event shall we (and our partners and affiliates and our and their officers, directors, employees, contractors and agents ) or our service providers be liable to you or any third party under contract, in tort, strict liability, negligence or any other legal or equitable theory, for any loss or damages (including, without limitation, direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) lost profit, data loss, cost of procurement of substitute goods arising from or relating to this agreement or your use of, or inability to use, the website or its products including for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of Five Hundred Indian Rupees (INR 500/-). The existence of more than one claim will not enlarge this limit. You agree that our service providers will have no liability of any kind arising from or relating to this agreement.
5. INTELLECTUAL PROPERTY –
The User recognises and agrees that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to Kinben Innovation Pvt Ltd at all times or to those who grant Kinben Innovation Pvt Ltd the license for their use. The User may use said material only to the extent that Kinben Innovation Pvt Ltd or the usage licensers authorise expressly. This does not prevent the User from using this website to the extent necessary to copy the information on the User’s order or contact details.
6. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS –
The User must not make undue use of this Website by intentionally introducing viruses, worms, logic bombs or any other software or technologically damaging or harmful material. The User shall not attempt to make unauthorised access to this Website, the server on which the site is hosted or any server, computer or database related to our Website. The User undertakes not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect the User’s computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects the User.
7. LINKS FROM OUR WEBSITE –
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
Third Party Services and Ads
Our website might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Kinben Innovation Pvt Ltd and Kinben Innovation Pvt Ltd is not responsible for any Third-Party Services and Ads. Kinben Innovation Pvt Ltd provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party's terms and policies apply, including the third party's privacy policies.
8. FORCE MAJEURE –
Notwithstanding anything contained in these Conditions or elsewhere, Kinben Innovation Pvt Ltd shall not be held responsible for performance of its obligations or for any loss, damage to User if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond Kinben Innovation Pvt Ltd ’s control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by Government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption encryption or any event which affects the ability of Kinben Innovation Pvt Ltd to fulfil its obligations under these Terms and Conditions.
It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Notwithstanding anything contained herein, Kinben Innovation Pvt Ltd Limited shall not be responsible or liable to the customer or user for non-delivery or non-refund of any services or for any of its obligations during the Force Majeure Event. However, Kinben Innovation Pvt Ltd would make all reasonable efforts and endeavour to fulfil its obligations or to find a solution that enables us to fulfil its obligations by virtue of the contract despite the situation of Force Majeure.
9. INDEMNITY
The User agrees to indemnify and hold harmless, Kinben Innovation Pvt Ltd including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of Kinben Innovation Pvt Ltd’s service or Additional terms or these Conditions or Data Protection Policies (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the conclusion or cancellation of transaction on the Website or the removal or termination of these Conditions.
10. TERMINATION -
Kinben Innovation Pvt Ltd reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of Kinben Innovation Pvt Ltd ’s service or additional terms or these Conditions or the Data Protection Policy (including any modifications thereto or additional notifications or instructions). On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary. Kinben Innovation Pvt Ltd will terminate the services provided to any User if it is required under any applicable law. Without prejudice, Kinben Innovation Pvt Ltd reserves its right to terminate the services if such provision of services to the users is not economically viable for Kinben Innovation Pvt Ltd. Users may choose to discontinue availing services and facilities provided through the Website (For more details, you may refer our privacy policy).
Post conclusion or cancellation of a transaction or termination of the services provided to the User through the Website, the User’s personal information would reside in the Website’s database for a certain period of time as per the provisions of Digital Personal Data Protection Act 2023 (DPDP Act) and European General Data Protection Regulation (“GDPR”), as mentioned in detail in our privacy policy. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Kinben Innovation Pvt Ltd ’s service or additional terms or these Conditions and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, Kinben Innovation Pvt Ltd shall have the right to take appropriate actions against the User. The User shall also be liable to compensate Kinben Innovation Pvt Ltd for any unauthorized use of the Website.
11. MISCELLANEOUS
LOCATION BASED SERVICES – Basis the permission granted by the User in respect of tracking the location, our Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine the User’s approximate location to provide the User, location based Services.
WAIVING RIGHTS – Any delay or waiver of right or remedy by Kinben Innovation Pvt Ltd under these Terms and Conditions shall not constitute a waiver of any other or further rights and remedies and shall not prevent Kinben Innovation Pvt Ltd in exercising those rights and remedies subsequently. Any waiver of rights or remedies by Kinben Innovation Pvt Ltd shall be in writing.
ENTIRE CONTRACT – These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.
SEVERABILITY – Each of the provisions in these Conditions are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired thereby.
PARTIAL INVALIDITY – If any provision of these Conditions is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Conditions will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
ASSIGNMENT – The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party. Kinben Innovation Pvt Ltd in its discretion has the right to assign and transfer any or all of its rights, benefits and obligations under these Terms and Conditions or a transaction transacted through the Website, to any person.
Kinben Innovation Pvt Ltd including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Website’s service messages and notices.
12. CHANGES TO THIS TERMS AND CONDITIONS:
We may revise, prospectively, this Terms of use by posting an updated version on the Website. You consent and agree to receive notices of updates to this Terms of use through our posting of an updated Terms of use on the Website. You should visit this page or section regularly to review the current version of the Terms of use. Your continued use of the Website will be deemed as irrevocable acceptance of any revisions.
13. GOVERNING LAW AND JURISDICTION –
Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and Kinben Innovation Pvt Ltd arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the services or use of our Website.
You agree that by entering into this agreement, you and Kinben Innovation Pvt Ltd are each waiving the right to initiate any kind of proceedings, law suits, claims etc. (except for claims arising out of copyright, trademark, or trade secret infringement of any of our design) in any court of law of any judicial or quasi-judicial body. You and Kinben Innovation Pvt Ltd agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or complainant in any purported court proceeding. Any arbitration will take place on an individual basis;
The Parties shall attempt to resolve any dispute in connection with this Terms of use through amicable discussions. Any dispute arising in connection with this Terms of use between and including all such disputes which have not been remedied pursuant to amicable negotiations and which cannot be resolved within 30 days from the date of such notice of dispute or difference shall be referred to Arbitration under the provisions of Indian Arbitration and Conciliation Act, 1996 or any modification or re-enactment thereof for the time being in force. All arbitration proceedings shall be conducted in English and the sole and exclusive venue for conducting such proceedings shall be at Gurugram (Haryana, India). The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the courts located in Gurugram (Haryana, India).
14. GRIEVANCE, COMMENTS, FEEDBACK AND SUGGESTIONS –
If you have any questions about this Agreement, you may contact us by email at @ support@kinbeninnovation.com with the relevant subject line of what exactly is you request. Kindly note that the Email should be from the same email address through which you have logged in previously.