PLEASE READ THESE TERMS OF USE, CAREFULLY. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS PLATFORM.
“Customers” shall mean customers who intend to purchase Products of Supplier/intend to avail Services of Service Provider or ordered Products from Supplier or availed Services offered by Service Provider.
“Delivery” shall mean delivery of Products ordered by the Customer.
“Order” shall mean requesting Supplier to supply Products as per desired quantity, quality, price, time of delivery and by any other matters as may be applicable and full payment is made to the Supplier.
“Platform” shall mean www.konkaniz.com and Konkaniz mobile application which is owned and controlled by Mr. Vinayak Talekar, his authorised representatives and employees.
“Product” shall mean products available with Supplier or displayed by Supplier on Platform.
“Register/sign up” shall mean Registering/signing up to Platform to avail Services/purchase Products.
“Services” shall mean and include following services and facilities provided by Platform to Users-
“Service Provider” shall mean the Service Providers enrolled with Platform for extending Services to Users.
“Supplier” shall mean Supplier enrolled with Platform for providing various Products to the Users of Platform.
“Users” shall mean Users that visit and access Platform and Register to avail Services.
“You” or “Your” or “Yourself” refers to the Users or viewers of this Platform.
Welcome to our Platform. This Platform is owned and operated by Mr. Vinayak Talekar and his authorised representatives, employees. If you (“You”) continue to browse and use this Platform, You are agreeing to comply with and be bound by these terms and conditions (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern Platform's relationship with You. If you disagree with any part of these Terms of Use, You may not use this Platform entirely. Users shall abide by these Terms of Use. These Terms of Use is an electronic record in terms of Information Technology Act, 2000 and rules there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Platform is to provide Services to Users. Platform reserve the right to offer some services in a phased manner as per the timelines planned by Konkaniz.
The Services are subject to the limitation to these Terms of Use. The Services are also subject to Platform’s Privacy Policy and Terms of Use executed between Platform and respective User. Platform may discontinue or revise any or all other aspects of the Services at any time, at its sole discretion. Updated versions of these Terms of Use shall be posted on Platform, all changes become effective upon the posting of the revised Terms of Use.
You shall be able to review all the Services available on Platform, but to avail the Services you need to Register to Platform.
Once you Register to Platform, you shall be eligible to book any Services or purchase any Product subject to realisation of payment, which are displayed by Service Providers and/or made available by Supplier on Platform. You understand and acknowledge that it is your responsibility to get all information about each Service/Product before you book such Service/Product.
Before You make payment to avail any Services provided by a Service Provider/purchase any Product provided by Supplier, please make sure You fill in correct data.
You understand and acknowledge that Platform is prone to unintentional inaccuracies in content. E.g. typographical errors, improper linkages etc.
You understand, acknowledge and agree that You shall be solely responsible for availing such Service and Platform shall not be responsible or liable in any manner whatsoever.
In case any Service that is not available due to any Force Majeure event, Platform shall not be liable to refund you your booking amount in whatsoever manner. User is supposed to check return and refund policy of respective Service Provider/Supplier before purchasing their Products or before availing their Services. In case of any Service deficiency/defect in Product, You are not able to login or view, You can write to Platform on infokonkaniz@gmail.com/infokonkaniz@konkaniz.com.
If there is a dispute between You and any Service Provider/Supplier, You understand and agree that Platform is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more Service Providers/Suppliers, you hereby release Platform, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
You understand, acknowledge and agree that you shall be solely responsible for availing any Service and Platform shall not be responsible or liable in whatsoever manner.
You understand and agree that Platform is not in the business of selling Products/providing Services, but only aggregates your orders and places it to the Supplier/Service Provider. You understand and acknowledge that Platform shall not be responsible or liable for any claims pertaining to Products ordered/Services availed by you and it will be your responsibility to lodge your complaint to the concerned Supplier/Service Provider.You understand, acknowledge and agree that Platform shall not be responsible for any transactions made by You with the Supplier/Service Provider and it shall be done at the sole risk, liability and responsibility of You and/or Supplier/Service Provider if
Order placed by You but Supplier did not supply. Orders placed by You but Supplier delivered wrong Order whether in terms of quantity, quality or any other relevant aspects. Order placed by You but Supplier delivered the Order beyond the timelines booked by the Customer. Supplier delivered counterfeit, damaged, broken or contaminated Products. Quality of the Order is not as per the Order placed. Product needs to be replaced for any other reason.You shall maintain all proofs and supportings with respect to payments. You understand and agree that there shall be no credit. In case of delay in payment to the Supplier, the Supplier may withhold Delivery. In such case the Supplier and/or Platform shall not be responsible in whatsoever manner.
For availing Services, Users have to register. Registration can be through Facebook or your e-mail id.
You need to provide you full name, address, birth date, contact details, e-mail Id while registering on Platform.
After completing registration procedure, You can avail Services provided by Platform from time to time.
In any case, login is necessary. You agree that any registration information provided by you will always be accurate, correct and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under Your account. You can change your profile information and any other details that you have shared with Platform.
Platform also reserves the right to refuse registration, or cancel accounts which we deem inappropriate.
By registering for an account through Platform, You represent and warrant that You (1) are the age of majority in Your jurisdiction (age 18).
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless You are authorized to do so.
You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the account.
Termination: Konkaniz reserves the right to modify or discontinue your Account at any time for any material breach of the obligations under these Terms of Use by You.
Platform will not charge any fees for availing Services except for viewing calendar. User agrees to pay INR 20 in order to open or view calendar as one time charge.
User agrees to make payment by way of credit card, debit card or net banking or by any other mode as may be made available on Platform from time to time. User agrees to abide by and adhere to the terms and conditions of Payment Gateway providers.
User is supposed to check return and refund policy of respective Supplier/Service Provider before purchasing any Product or before availing any Service.
You acknowledge that Konkaniz does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users, Customers, Suppliers, Service Providers or any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through your use of this Platform. Under no circumstances, Konkaniz is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. If Users find any Content defamatory or objectionable, Users are supposed to intimate the same to Konkaniz and Konkaniz will immediately take action. However, Konkaniz will not be responsible for content provided by any third party.
You represent, warrant, and agree that no Content/Details shared by You with Konkaniz (“your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You grant Platform a personal, limited, revocable, non-transferable and non-exclusive right to use the Content and Details including but not limited to Trademarks, Service Marks, logos etc. submitted by You for providing the Services, You also grant Platform the right (i) to display your Content and Details on Platform. (ii) promote or distribute it for the access of other Customers/Users. (iii) use your Content for analysis purpose to effectively provide Services under this Platform.
You agree that you are solely responsible for your Content made available by you through Platform including but not limited to any liabilities arising out of any third party infringement claims.
This Platform may contain links to other websites owned and operated by third parties who are not related to Platform (“Linked Websites”). The Linked Websites are not under the control of Konkaniz. Konkaniz is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
Platform provides these links to You as convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Konkaniz. Your link to any such Linked Website is entirely at your own risk. Konkaniz is not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.
Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by of the relevant advertiser, its products or services. You are referred to the relevant advertiser for all information regarding the advertisement and its Products and/or Services. Konkaniz accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You agree not to engage in any of the following activities:
Violating laws and rights: You shall not (a) use Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation: You shall not use Platform or any information provided through Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
Disruption: You shall not use Platform in any manner that could disable, overburden, damage, or impair Platform, or interfere with any other party’s use and enjoyment of Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others: You shall not share or transmit Content or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
You shall not intimidate or harass another through Platform; and You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through Platform.
Impersonation or unauthorized access: You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using Platform;You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to Platform, or the computer systems or networks connected to Platform, through hacking password mining or any other means.
You shall not use any Meta tags or any other “hidden text” utilizing Platform’s or Company’s name or trademarks without taking the express consent of the Company.
Information against any country: You shall not upload, modify, transmit, update or share any information that threatens the unity, integrity, defence, security or sovereignty of any country or insults any country.
You acknowledge and agree that Platform shall not be liable for your interactions with any Users on Platform. This includes, but is not limited to, Services, if any, and any other terms, conditions, warranties or representations associated with any interaction You may have with other Users. These dealings are solely between You and such other Users. You agree and acknowledge that Konkaniz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Users on Platform, or between Users and any third party, You understand and agree that Konkaniz is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other Users, you hereby release Konkaniz, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Platform.
Konkaniz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and Platform (or any part thereof) with or without notice. Further, Konkaniz reserves the right to change these Terms of Use at any time and to notify You by posting an updated version of the Terms of Use on this Platform. You are responsible for regularly reviewing the Terms of Use. Continued use of Platform after any such changes shall constitute your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating Platform or any Content available through Platform, is to stop accessing and using Platform.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW KONKANIZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES AND YOUR USE THEREOF. KONKANIZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PLATFORM'S CONTENT OR THE DETAILS AND CONTENT SHARED BY THE USERS OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. KONKANIZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KONKANIZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER CUSTOMERS/USER AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL KONKANIZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KONKANIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE PLATFORM.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KONKANIZ SHALL NOT BE LIABLE FOR CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SUPPLIER/SERVICE PROVIDER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify Platform and hold Platform harmless from and against any claims arising out of or relating to: (i) Details and Content that you submit or transmit for the Services (ii) your violation of any rights of any other person in connection with Platform, (iii) infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of these Terms of Use, (v) any breach of applicable law (vi) any representation and warranties made in relation to the Services and (vi) any violation of any laws and regulations (vii) Your transactions with any Customers directly without involving Konkaniz.
You certify that you will use the Services in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy will result in termination of your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.
Konkaniz is committed to responsibly handling the information and data we collect through Platform in compliance with our Privacy Policy.
Platform and all the rights including but not limited to intellectual property rights subsisting under Platform are owned by Mr. Vinayak Talekar and his affiliates, licensors, Suppliers, Service Providers as the case may be. Platform respects copyright, and we prohibit Users of the Services from submitting, uploading, posting, or otherwise transmitting any Content or Details on Platform that violates another person’s proprietary rights.
If You believe that Platform contains elements that infringe your intellectual property rights in your work, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, Platform may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All materials on this Platform, including but not limited to audio, images, videos, software, text, icons, files and such like (the “Platform Content”), are protected by copyright under the copyright laws. You cannot use Platform Content, except as specified herein.
Konkaniz is the trademark solely owned by Mr. Vinayak Talekar. There may be proprietary logos, service marks and trademarks found on Platform whether owned/used by Platform or otherwise. By displaying them on Platform, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
If You wish to terminate this Agreement, You may immediately stop accessing or using the Services.
Your right to access and use Platform terminates automatically upon your material breach of any of the terms of these Terms of Use.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions will survive any termination.
Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Mumbai and the courts in Mumbai will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
FORCE MAJEURE: Without limiting the foregoing, under no circumstances shall Platform is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation to internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Retailer or Platform.
No waiver: Konkaniz’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use will not be construed as a waiver of any provision or right.
Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and Konkaniz as a result of these Terms of Use or from your use of Platform or the Services.
Entire Agreement: These Terms of Use, Privacy Policy constitute the entire agreement between You and Konkaniz relating to this subject matter and supersede any and all prior communications and/or agreements between You and Konkaniz relating to this subject matter.
User’s complaints: In case of any query or deficiency in Services, You can e-mail Platform at infokonkaniz@gmail.com/infokonkaniz@konkaniz.com or call Platform at 7038186286.