Introduction
● Kayaraa website i.e http://kayaraa.com/ (“herein after referred to as “Website”) in
all of its forms is owned and operated by Kayaraa & Co (herein after referred to as “Kayaraa
& Co”). By browsing, accessing, or using this Website, you agree to abide by and be bound by
the Terms and Conditions (defined herein below) of the Website.
● Kayaraa & Co reserves the right to modify the Terms of Service contained herein and
the terms and conditions of our User Agreement and / or any other agreements and Disclaimer
without any prior notification. You are advised to regularly review these Terms of Service
and such other terms and conditions mentioned herein above.
● These Terms of Service (“Terms”) govern your use of this Website and anywhere else where
these Terms are posted for rendering Services of the Website (collectively “Services”).
These Terms of Service apply whether you are accessing the Services using a personal
computer, mobile device, gaming console or other equipment or device. These Terms of Service
do not cover other services, websites, apps or any content, features and activities
accessible or made available by any third party, unless specifically stated. BY ACCESSING
AND USING THE SERVICES OF THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND
AGREE TO BE LEGALLY BOUND BY THESE TERMS, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU
DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, YOU MUST NOT
USE THIS WEBSITE’S SERVICES.
● Unless otherwise specified herein, these Terms of Service constitute the entire Agreement
between the User and the Website with respect to the Website’s Services and it supersedes
all prior or contemporaneous communications and / or proposals, whether electronic, oral or
written, between the User and the Website with respect to the Website’s Services.
● The Terms of Service contained herein along with the Privacy Policy and User Agreement and
any other terms and conditions related to the Website form an Agreement regulating our
relationship with regard to the use of the Website by you. Please read this Agreement
carefully. This Agreement is effective only upon due acceptance by you, through the “I
ACCEPT” button. If you do not agree with any of the Terms and Conditions mentioned herein or
with the Privacy Policy of this Website, you shall NOT be granted the rights to access and
use the Services and shall not access any of its Services.
● The Website may electronically block or otherwise deny access to the Website, to any User
deemed to be in violation of any of the terms in this Agreement.
● This Website is fully entitled to assign all its rights and obligations here under, to a
successor to all or any of its assets, whether by sale, merger or otherwise, without any
hindrance. These Terms shall be binding upon and shall insure to the benefit of the parties
hereto and their respective representatives, heirs, administrators, successors and permitted
assigns except as otherwise provided herein.
This Agreement between you and the Website shall be subject to following Terms and
Conditions:-
Definitions:
The Terms wherever used shall unless contrary, carry the meaning as given under:
● "Agreement" means this Terms of Service, the Terms and Conditions contained herein
along with any Privacy Policy and / or User Agreement of any other portals whose links are
provided from this Website. It shall also include reference to this Agreement as and when
amended, innovated, supplemented, varied or replaced.
● The term “Company, We, Us and Our” refers to Kayaraa & Co.
● The term “Kayaraa” refers to http://kayaraa.com/ or mobile application or any other
digital medium and other offline sources.
● The terms "you" and “your" refer to the users of the http://kayaraa.in/
● “User” means and includes any person who visits the Website to see the various
Products / Services / schemes available, or any person/entity who intends to sell or offers
to sell various Products/ Services/ schemes available in the vicinity.
● “Product/Products” connotes the goods, Services displayed on the Website.
● “Terms and Conditions” means the terms and conditions contained herein.
Terms:
● The User certifies that he/she is at least 18 (eighteen) years of age or has the consent
of a parent or legal guardian.
● The User agrees to provide authentic and true information. This Website reserves the right
to confirm and validate the information and other details provided by the User at any point
of time. If upon confirmation such User details are found not to be true (wholly or partly),
this Website has the right in its sole discretion to reject the registration and debar the
User from using the Services the Website without prior intimation whatsoever.
● The information, Products, and Services displayed through this Website may include
inaccuracies or typographical errors. Additionally, a possibility exist that unauthorized
additions, deletions and alterations could be made by third parties to the Website. Although
this Website attempts to ensure the integrity and the accuracy of the information, Products,
and Services displayed on it, it makes no guarantees whatsoever as to the correctness or
accuracy of the Products / Services / schemes displayed on Website and their quality. In the
event that such an inaccuracy arises, please inform by emailing at
customerservice@kayaraa.com.
● The information and descriptions of Products and Services posted on the Website are
subject to change without notice. The specifications of such Products and Services may also
vary. The User is therefore advised to check all specifications and confirm with the Website
about the accuracy of the information before making any decisions or commitments.
● The availability of the Products displayed on the Website and the details regarding such
Products as reflected on the Website may change from time to time. These changes may occur
without any prior notice to the User and without any liability to the Website.
Website Usage:
● The Website may contain links to third-party websites. The linked sites are not under our
control and we are not responsible for the content of any linked site or any link contained
in a linked site. We do not endorse or approve any content, information or materials
available on such linked sites. We make no guarantees, representations, or warranties as to,
and shall have no liability for, any content delivered by any third party, including,
without limitation, the accuracy, subject matter, quality, or timeliness of any such
content. Access to third-party websites is at your own risk and subject to the terms and
conditions of use for such websites.
● The User agrees, acknowledges, confirms and understands that it may be legally permissible
for our authorized representatives or partners to contact you for the purpose of providing
you with any Services which you have expressed interest in or enquired about, irrespective
of whether you have registered yourself under any DND / NDNC services. You further agree
that any communication received by you from our authorized representatives or partners shall
not be construed as spam or unauthorized communication.
● Unless otherwise indicated or anything contained to the contrary or any proprietary
material owned by a third party and so expressly mentioned, Kayaraa owns all Intellectual
Property Rights to and into the Website, including, without limitation, any and all rights,
title and interest in and to copyright, related rights, patents, utility models, trademarks,
trade names, service marks, designs, know-how, trade secrets and inventions (whether
patentable or not), goodwill, source code, meta tags, databases, text, content, graphics,
icons, and hyperlinks.
● By using the Services provided on this Website, you agree to receive certain
communications from us. Please refer to our Privacy Policy for more information about how we
may communicate with you.
Limitation of Liability:
● In no event shall Kayaraa and/or its partners be liable for any direct, indirect,
punitive, incidental, special or consequential damages or for any damages whatsoever
including, without limitation, damages for loss of use, data or profits, arising out of or
in any way connected with the use or performance of the Website, with the delay or inability
to use the Website or related Services, the provision of or failure to provide Services, or
for any information, Products, Services 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, even if Kayaraa or any of its partners has been
advised of the possibility of damages.
● If you are dissatisfied with any portion of the Website or with any of these terms of use,
your sole and exclusive remedy is to discontinue using the Website.
Indemnity:
● You agree to indemnify, defend and hold harmless Kayaraa and its partners from and against
any and all losses, liabilities, claims, damages, costs and expenses (including legal fees
and disbursements in connection therewith and interest chargeable thereon) asserted against
or incurred by Kayaraa and its partners 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 and
Conditions.
Disclaimer:
● Except as expressly provided in the Terms and Conditions, the Website, including all
content, materials, information, Products and Services provided on the Website, are provided
on an “as is” and “as available” basis. Kayaraa expressly disclaims all warranties of any
kind, whether express or implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
Force Majeure:
● We shall not be liable for any failure to perform any obligations under these Terms and
Conditions, if the performance is prevented, hindered or delayed by a Force Majeure Event
and in such case its obligations shall be suspended for so long as the Force Majeure Event
continues.
Termination:
● This Agreement shall continue to be in full force and effect for so long as you are using
the Website. The provisions of this Agreement which by their nature are intended to survive
termination or expiration shall survive such termination or expiration of this
Agreement.
Governing Law and Jurisdiction:
● These Terms and Conditions and all transactions entered into on or through the Website and
the relationship between you and Kayaraa 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 to the Terms and Conditions or any transactions entered into on or through the
Website or the relationship between you and Kayaraa shall be subject to the exclusive
jurisdiction of the courts at Kolkata, West Bengal, India and You hereby accede to and
accept the jurisdiction of such courts.
Report Abuse:
● If you come across any abuse or violation of these Terms and Conditions, please report to
customerservice@kayaraa.com.
Policy:
● The Privacy Policy provided on the Website also forms an integral part of this Agreement
and shall be read in conjunction with the Terms and Conditions. Use of the Website is
subject to the Privacy Policy available on the Website.
● Kayaraa reserves the right to make changes to the Website, the related policies and
agreements, this Agreement, and the Privacy Policy at any time. If Kayaraa makes a material
modification to these Terms of Service, it will notify you by: (i) sending an email to the
address associated with your account or (ii) displaying a prominent notice within the
Services or on the Website. Kayaraa is not responsible for your failure to receive an email
due to the actions of your ISP or any email filtering service; therefore, you should add
Kayaraa to the list of domains approved to send you email (commonly known as your
“whitelist”).
CONTACT INFORMATION:
Kayaraa & Co
Customer Service
For Customer Service email us: customerservice@kayaraa.com