TERMS OF SERVICE AGREEMENT

LAST REVISION: [01-10-2020]

OVERVIEW

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This website www.thekstory.in is operated by Under my Umbrella Private Limited. Throughout the site, the terms “we”, “us” and “our” refer to Under my Umbrella Private Limited. Under my Umbrella Private Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Use govern your use of our Site and your conduct, regardless of the means of access.

 

The site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions along with the Privacy Policy, Shipping and Handling Policy and Cancellation Policy, Refund and Return Policy as modified and amended from time to time.

Please read these Terms of Service carefully before accessing or using our website. By visiting our site and/ or purchasing something from 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, merchants, and/ or contributors of content.

If you do not agree to all the terms and conditions of this agreement (including any referenced policies or guidelines), then you may 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 store 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. We will alert you that changes or revisions have been made by indicating on the top of this Agreement, the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this 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 or of a revised Agreement constitutes acceptance of those changes, whether you have read the same or not. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Under My Umbrella Private Limited for other products or services.

 

SECTION 1 - USER ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents, and the latter will be liable for the action performed by the minor.

You shall be responsible for maintaining the confidentiality of your Account and Password and all activities that occur through your Account and Password. You agree to immediately notify Under my Umbrella Private Limited of any unauthorized use / breach of your password or account at hellokstory@gmail.com. A breach or violation of any of the Terms will result in an immediate termination suspend or terminate or block access of your Services without any notification.

You may not use our products for any illegal or unauthorized or commercial purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

 

SECTION 2 - PRIVACY

Under My Umbrella Private Limited believes strongly in protecting user privacy. Please refer to Under My Umbrella Private Limited privacy policy, incorporated by reference herein, that is posted on the Website. We reserve the right to update, change or replace any part of Privacy Policy 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.

 

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Under My Umbrella Private Limited strive to be as precise as possible. However, We are not responsible if information made available on this site is not accurate, complete, current, reliable, or error-free including that of pricing and stock availability. 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 your 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. 

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.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We do not take responsibility of any side effect caused due to manufacturing for such side effect. The manufacturer himself is liable for such side effect.

SECTION 6 - RECOMMENDATION OF THE PRODUCT

 

All the products featured on our website or recommended does not imply promotion of such product, in any manner. All the details, descriptions and recommendations delivered our website are solely for the purpose of providing information.

SECTION 7 - REFUNDS & RETURNS AND CANCELLATIONS

 

Returns, Refund and Cancellation of orders at Under my Umbrella Private Limited are governed by our Return & Refund Policy and Cancellation Policy. Please click here, to view our

 

SECTION 8 - MODE OF PAYMENT 

The following modes of payment are available for the purpose of purchasing on our website: Cash on Delivery (CoD), Visa (Debit card/ Credit Card), Master Card (Debit card/ Credit Card).

 

SECTION 9 - SHIPPING AND HANDLING

Click here to refer to our Shipping and Handling Policy.

 

SECTION 10 - USER CONTENT

If, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or storing, or transmitting otherwise (collectively, 'comments') any content on the Website, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us and hereby grant Under My Umbrella Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

SECTION 11 - INTELLECTUAL PROPERTY RIGHTS

 

All the content of the website including name ‘The Kstory’ and any display, graphics, images, pictures, button icons, logos, domains, designs, page headers, text, audio, video and other material whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, is the property of Under My Umbrella Private Limited. Under My Umbrella Private Limited reserves the right to enforce its intellectual property rights to the fullest extent of the law.

All other trademarks, product names, service marks, logos and company names or logos cited herein, are the property of their respective owners.

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Under My Umbrella Private Limited.

 

To the extent that Under My Umbrella Private Limited does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use.

 

SECTION 12 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us and does not imply its association, promotion, and recommendation by Under My Umbrella Private Limited. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 13 – LICENSE

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Under My Umbrella Private Limited or the applicable third party (if third party content is at issue).

 

SECTION 14 – INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Under my Umbrella Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand or liabilities or damages or losses or costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or penalty imposed due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference including infringement of Intellectual Property Rights, or your violation of any law or the rights of a third-party. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

 

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Under my Umbrella Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

 

SECTION 16 – TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or Under My Umbrella Private Limited. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

SECTION 17 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Jaipur, Rajasthan, INDIA.

 

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes, whether you have read the same or not.

We will alert you that changes or revisions have been made by indicating on the top of this Agreement, the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website.

 

 

SECTION 20 – GENERAL

 

Under My Umbrella Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products. We reserve the right to refuse service to anyone for any reason at any time.

This Agreement comprises the entire agreement between you and Under My Umbrella Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.

The failure of Under My Umbrella Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 SECTION 21 - JURISDICTIONAL ISSUES or SALE IN INDIA ONLY

Under My Umbrella Private Limited makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.


Assignment. You may not assign your rights and obligations under this Agreement to anyone. Under My Umbrella Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

SECTION 22 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at hellokstory@gmail.com.