Terms & Conditions

These terms and conditions of use (terms of use) of the website (as defined below) describe the terms on which Kavalam.in offers you access to the website and services (as defined below) through the website.

Please read the terms of use carefully before using or registering on the website or accessing any material, information or services through the website. Your use of the website or the services provided by the website shall signify your acceptance of the terms of use and your agreement to be legally bound by the same.

Your use of the website implies that you agree with the terms of use.

General

www.kavalam.in (“Website”) is an Internet based portal owned and operated by ASK Agri Products (Kavalam) located at SF No 318/2B1A, Walaja Road, Panniyur X Road, Seri Post, Ranipet District 632508. Use of the website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Kavalam.in at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

Kavalam.in shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page of www.kavalam.in to view the most current Terms of Use. You can determine when Kavalam.in last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be your responsibility to check these Terms of Use periodically for changes. Kavalam.in may require you to provide your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website.

By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, you agree that you have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage www.kavalam.in

Kavalam.in agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form.

Services

The Website is a platform that facilitates the online sale, merchandise and services offered by Kavalam.in at a discounted price (“Services”). The purchase of products and services on the Website shall be governed by the Terms of Offer for Sale

Eligibility to Use

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Kavalam.in system by ASK Agri Products for any reason whatsoever. If you do not conform to the above qualification, you shall not be permitted to avail of the Services or use the Website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.

Kavalam.in reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without any reasons for doing so.

You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.

User Account, Password, and Security

Kavalam.in makes the Services available to you through the Website only if you have provided Kavalam.in certain required User information and created an account (“Account”) through Kavalam.in ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

The Website requires you to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Kavalam.in of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Kavalam.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may be held liable for losses incurred by Kavalam.in or any other user or visitor to the Website due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.

The Website also allows restricted access to the Services for unregistered Users.

You shall ensure that the Account Information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Kavalam.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kavalam.in has the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).

Pricing Information

Kavalam.in strives to provide you with the best prices possible on products and services you buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer for Sale.

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. Kavalam.in expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

Kavalam.in shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Kavalam.in with our acquiring bank from time to time.

User Obligations

Subject to compliance with the Terms of Use, Kavalam.in grants you a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Ksvalam.in. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

You acknowledge and agree that by accessing or using the Website or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. Kavalam.in disclaims all liabilities arising in relation to such offensive content on the Website.

You agree that you are solely responsible to Kavalam.in and to any third party for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Kavalam.in or its affiliates or its vendors may suffer) for any such breach.

You agree that Kavalam.in may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

Use of Materials

Except as expressly indicated to the contrary in any applicable Additional Terms, Kavalam.in hereby grants you a non-exclusive, freely revocable (upon notice from Kavalam.in), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

• “You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
• You may not modify or alter product catalogues or any other materials available on the Website;
• You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and

Any software that is available on the Website is the property of Kavalam.in. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of Kavalam.in

Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.

Usage Conduct

You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.

You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

You shall use this Website, for personal, non-commercial use only and shall not re-sell the same to any other person.

Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:
The website, services and other materials are provided by Kavalam.in on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Kavalam.in makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable; (iii) the quality of the website, services or other materials will meet your expectations; or that (iv) any errors or defects in the website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Kavalam.in or through or from use of the services shall create any warranty not expressly stated in the terms of use.

Kavalam.in will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. Kavalam.in has endeavoured to ensure that all the information on the website is correct, but Kavalam.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Kavalam.in shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Kavalam.in shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond kavalam.in control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Kavalam.in accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Kavalam.in including but not limited to its employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Kavalam.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, you agree to hold Kavalam.in harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that your material caused damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to contrary, Kavalam.in entire liability to you under this Terms of Use or otherwise shall be the refund of the money charged from you for any specific product or service, under which the unlikely liability arises.

In no event shall Kavalam.in, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Kavalam.in has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Website, Services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Violation of the Terms of Use

You agree that Kavalam.in may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Kavalam.in determines that you have violated these Terms of Use or Additional Terms. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Kavalam.in, for which monetary damages would be inadequate, and you consent to Kavalam.in obtaining any injunctive or equitable relief that Kavalam.in deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Kavalam.in may have at law or in equity.

You agree that Kavalam.in may, in its sole discretion, and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

If Kavalam.in does take any legal action against you as a result of your violation of these Terms of Use, Kavalam.in will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Kavalam.in

Termination

The Terms of Use will continue to apply until terminated by either you or Kavalam.in as set forth below. If you want to terminate your agreement with Kavalam.in, you may do so by (i) not accessing the Website; or (ii) closing your accounts for all of the Services that you use.

Kavalam.in may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with you if:

• You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same);
• in is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

Kavalam.in may also terminate or suspend all or a portion of your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of your materials and Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your Account (or any part thereof); and (iii) barring of further use of the Services.

Governing Law

These Terms of Use and all transactions entered into on or through the Website and the relationship between you and Kavalam.in shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between you and Kavalam.in shall be subject to the exclusive jurisdiction of the courts at Chennai, India and you hereby accede to and accept the jurisdiction of such courts.

Communications

You hereby expressly agree to receive communications by way of SMS, e-mails from Kavalam.in relating to Services provided through the Website.