1. Introduction
This document is an electronic record in terms of the Information Technology Act, 2000, and all applicable rules that require publishing the rules and regulations, privacy policy, and Terms of Use.
These terms of use describe the legally binding terms and conditions that oversee your use of the site. By logging into the site, you agree to these terms and represent that you have the authority and capacity to enter into these terms. You must be at least 18 years of age to access the site. If you disagree with any provision of these terms, do not log in to or use the site.
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 additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
If you continue to browse and use this website, you agree to comply with and be bound by these
terms and conditions, which together with our privacy policy govern our relationship with you about this website. If you disagree with any part of these terms and conditions, please do not use our website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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.
Our store is hosted on WordPress, providing us with an online e-commerce platform that allows us to sell our products and services to you.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. By using our website, you agree that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to the 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.
3. Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information made available on this site is not accurate, complete, or current. 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.
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.
4. Access to the Site
Subject to these Terms, The Kiswa grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use.
5. Security Precautions
Our website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Once your information is in our possession, we adhere to strict security measures, protecting it against any unauthorized access.
6. Modifications of the Service and Prices
Prices for our products are subject to change without notice. We reserve the right 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 any third party for any modification, price change, suspension, or discontinuance of the Service or any of our products.
7. Support and Intellectual Property
You agree that The Kiswa will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by The Kiswa or The Kiswa’s suppliers. These Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights.
8. Restrictions and Changes
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms.
The Kiswa reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that The Kiswa will not be liable to you or any third party for any change, interruption, or termination of the Site or any part thereof.
9. Products and 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 in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right 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 any time without notice, at our sole discretion. 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.
10. Cookies and Web Beacons
Like any other website, The Kiswa uses cookies. These cookies are used to store information, including visitors’ preferences and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
11. Disclaimers
The site is provided on an “as-is” and “as-available” basis. The Kiswa and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers do not guarantee that the site will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
12. Refusal – Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
13. External-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. 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 all third-party 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.
14. Submissions
If, at our request or otherwise, you send/make submissions or without a request from us you submit and/or send any creative thoughts, ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without any restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments or any such other submissions that you forward to us. We shall be under no liability or obligation (I) to maintain or securely keep any such submissions in confidence; (II) to pay compensation of any kind for any such submissions; (III) to respond to any submissions; or (IV) to give credit in any form for any submissions used.
15. Limitation on Liability
In no event shall The Kiswa or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or inability to use, the site even if The Kiswa has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
16. Term and Termination
Subject to this Section, these Terms
will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Site will terminate immediately. You understand that any termination of your account may involve the deletion of the User Content associated with your account from our live databases. The Kiswa will not have any liability whatsoever to you for any termination of your rights under these Terms.
17. Errors and Inaccuracies
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. 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.
18. Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
19. 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 constitute 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.
20. Small Causes Court
Notwithstanding the foregoing, either you or The Kiswa may bring an individual action in small claims court.
21. Electronic Communications
The communications between you and The Kiswa use electronic means, whether you use the Site or send us emails, or whether The Kiswa posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from The Kiswa in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Kiswa provides to you electronically satisfy any legal obligation that such communications would satisfy if they were in a hard copy writing.
22. No Warranties
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
23. Risk and Liability
Your use of any information or materials on our website and/or product pages is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through our website and/or product pages meet your specific requirements.
24. Intellectual Property
- Our website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than by the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced on our website that are not the property of, or licensed to, the operator are acknowledged on the website.
25. Unauthorized Use
- Unauthorized use of information provided by us shall give rise to a claim for damages and/or be a criminal offense.
26. External Links
- From time to time, our website may also include links to other websites. These links are provided for your convenience to provide further information.
- You may not create a link to our website from another website or document without SADIYA AZEEM MOHAMMAD’s prior written consent.
27. Governing Law
- Any dispute arising out of the use of our website and/or purchase with us and/or any engagement with us is subject to the laws of India.
28. Transaction Authorization
- We 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 the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
29. Your Privacy
Please read our Privacy Policy.
30. Copyright/Trademark Information
Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that may own the Marks.