Privacy Policy
Privacy Policy
Welcome to K-Hair. This document is an electronic record and published in accordance with the Indian legislature, rules and laws, specifically under the Information Technology Act, 2000 and provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy, disclaimer and terms of use for access or usage of K-Hair as a platform https://k-hair.in/ (hereinafter referred to as "Platform"). The Platform is owned by M/S K-Hair Studio India Private Limited, a company incorporated under the provisions of Companies Act 2013, CIN U51909MH2021PTC370157, having its registered office at 611,JK Chambers, sector-17, Vashi,MH 400703 and branch office at 610, JK Chambers, Sector-17, Vashi, Navi Mumbai-400703 & Thane City (hereinafter referred as “K-Hair”), pursuing the business of selling custom made, real human hair enhancement and restoration solutions for hair loss like wigs, hair toppers, partial hairpieces, hair extensions and hair replacement systems for women, men and children (hereinafter referred as “Products”). Your use of the Platform and Services and tools are governed by the following privacy policy and disclaimer ("Privacy Policy and Disclaimer") as applicable to the K Hair including the applicable policies which are incorporated herein by way of reference. By mere use of the Platform, you shall be contracting with K Hair, the owners of the Platform. These Privacy Policy and Disclaimer including the Terms of Use mentioned on the Platform constitute Your binding obligations with K Hair.
For the purpose of this Privacy Policy and Disclaimer, wherever the context so requires "You", “Your”, "User" shall mean any natural or legal person who has agreed to become a buyer and has agreed to register himself/ herself/ itself on the Platform as registered user (hereinafter referred as “Registered User”). The term "K Hair", “Platform”, "We", "Us", "Our" shall mean K Hair and its successors and assigns. You are hereby alerted and warned to carefully review these binding Privacy Policy and Disclaimer, along with the Terms of Use available at https://k-hair.in/ before You decide to access or use the Platform for any purposes. These Privacy Policy and Disclaimer, along with Terms of Use, together constitute a final and binding legal agreement (“Agreement”) between You and K Hair in connection with Your access and use of the Platform which is conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this Agreement as well as any other written agreement executed between Us and You.
You shall either by clicking "Sign Up" or the “I Accept” tab at the time of registration page of the Platform, or through the continued use or accessing the Platform, hereby accept the Privacy Policy and Disclaimer and agree to provide Your consent to the provisions of the terms as laid down herein below. However, if You do not agree and do not wish to be bound by the Privacy Policy and Disclaimer mentioned herein, you have no right to access or use the Platform and we request You to exit the Platform on immediate basis.
Whereas whenever You use (or agree to purchase) any of the products/ Services provided by Us through the Platform, including but not limited to purchasing the Products, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Privacy Policy and Disclaimer and shall be considered as part and parcel of this Privacy Policy and Disclaimer. We reserve the unconditional right, at Our sole discretion, to change, modify, add or remove portions of these Privacy Policy and Disclaimer, at any time without any mandatory prior written notice to You. You shall ensure to review these Privacy Policy and Disclaimer periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Privacy Policy and Disclaimer, we grant You a personal, non-exclusive, non-transferable, privilege to enter and use the Platform.
PRIVACY POLICY
This Privacy Policy describes how Your personal information is collected, used, and shared when You visit or make a purchase from the Platform. We shall store and process your personal information on Our computers and electronic devices that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and the rules there under. We set our priorities in building Our User’s confidence and We respect the trust You repose in Us when You share Your personal information with Us. We collect through Our Platform or through third-party platforms being used by Us, the information You provide to Us when You sign up to avail online purchasing of Products and other customized Service and related Services (“Services”) on or through Our Platform. When You place an order through the Platform, we shall store and maintain Your all the details pertaining to order information for Our records unless and until You ask Us to delete this information. K-Hair may also collect information from You or about Your Product preference, and other shopping patterns. We use Your data to provide You with targeted advertisements or marketing communications We believe may be of interest to You. Please note, K-Hair does not control, manage or regulate any third-party providers and shall not be responsible for their actions or mis actions. You are solely be responsible for ensuring the correctness and accuracy of the personal data provided by You to K-Hair, and you are hereby notified that any inaccurate information provided by you may affect Your ability to use the Platform and Our ability to contact or reach You, thus it may lead to deficient services for which K-Hair is not responsible.
1. PERSONAL AND NON-PERSONAL INFORMATION
When You visit the Platform, we automatically collect and store certain list of information including:
- Your device information including information about Your web browser, IP address, time zone, and some of the cookies that are installed on Your device.
- Information about the individual web pages or products that You view, what websites or search terms referred You to the Platform, and information about how You interact with the Platform.
- We collect Device Information using the following technologies:
- Cookies (b) Log files to track actions occurring on the Platform and collect other data such as, Your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps (c) Web beacons”, “tags”, and “pixels” are electronic files used to record information about how You browse the Site. As mentioned above cookies are small pieces of text that are stored on Your computer or other device by websites that You visit (“hereinafter referred as “Cookies”). They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website or others. A Cookie file is stored in Your web browser and allows K-Hair or a third party to recognize You, make Your next visit easier, and make the Platform more useful to You. The use of Cookies is a standard for websites. However, if You are uncomfortable with the use of Cookies, you can manage and control them through Your browser, including removing cookies by deleting them from Your browser history cache when You leave the Platform.
Personal Information collected by Us:
- For the purpose of billing, invoices and tax purposes, K-Hair shall obtain, store the following information namely, your name, gender, date of birth, contact information, social media accounts, complete address, pan, email id, social security or tax identification numbers, income statements, photographs uploaded and sent by You and such other information to identify You as a User (“Personal Information”). This Personal Information shall be collected for only those customers/ Users, who have successfully completed payment transactions with K-Hair.
- The payments pursued for executing the purchase orders are conducted via third party payment gateways. It is informed to you that during your use the services of any such third party payment for processing the payments, K-Hair does not store, save or collect any financial information relating to Your debit and/or credit card or other financial information, at any time, and thus accordingly, K-Hair shall not be responsible for the loss caused to the financial information damaged caused by any such third party payment gateways.
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OUR USE OF YOUR PERSONAL AND NON-PERSONAL DATA K-Hair uses the personal and non-personal data that You provide in a manner that is consistent with this Privacy Policy and Disclaimer. If You provide personal data for a certain reason, we may use the personal data in connection with the reasons provided as under:
- For providing the requested Products and Services
- For carrying on day-to-day business, i.e. for processing the transactions, maintaining the accounts;
- To managing and processing purposes, including, but not limited to, tracking purchase orders, progress and completion of a purchase, to verify your identity or to monitor Your preference during Your usage of the Platform.
- To third-party contractors which have dealings with K-Hair.
- To improve Our services and offerings;
- To provide access to or share Your information with operations department and other third parties who perform services on our behalf or for us;
- To archive this information and/or use it for future communications with You;
- To enforce K-Hair’s Terms and Conditions; and
- As otherwise outlined in this Privacy Policy and Disclaimer
- To the extent any Personally Data collected by Us contains images of You, you grant K-Hair a limited, non-exclusive right to use, reproduce, distribute, or prepare derivative works of or publicly display such images and/or your likeness in relation to the Services or for other marketing purposes
- We may use Your personal data, for advertisements/and or social media posts to highlight and promote Our Product review and efficiency.
3. SECURITY OF INFORMATION COLLECTED
If K-Hair intends on using any personal data in any manner or for any purpose that is not consistent with this Privacy Policy and Disclaimer, we shall obtain Your consent in writing. We protect Your personal information from unauthorized access and use; We use adequate security measures in its implementation by adopting advanced practices prevailing from time to time. However, K-Hair cannot guarantee the security of Your Personal Information transmitted to or through the Platform. Any transmission of personal information is at Your own risk. K-Hair is not responsible for circumvention of any privacy settings or security measures contained in the Platform
4. INFORMATION STORED WITH THIRD PARTY SERVICE PROVIDER:
aware that the information disclosed on a third-party service provider’s platform will be dependent and subject to such third-party’s privacy policies and/or on Your device’s settings, relationship with such third-party service provider and what information You have consented to share with them. K-Hair and/or its associates shall have no liability in this regard whatsoever.
5. DATA RETENTION AND TRANSFER
- Data Retention: K-Hair may store Your personal information as long as You purchase Products from the Platform and in order to provide You with such Products and related services and for all legitimate business purposes. K-Hair may store Your personal information to the extent required to comply with our legal, accounting, and/or reporting requirements and to provide information about Products that You may request. Additionally, K-Hair may continue to store Your personal information contained in standard backup systems. Upon your request, K-Hair will delete or de-identify your personal information unless K-Hair is legally required or allowed to maintain such personal information. For further information on account deletion, please refer to clause 7 of this Privacy Policy and Disclaimer
- Data Transfer: K-Hair stores Your personal information in India. The privacy protections in India may not be the same as in Your home country. If You are located in a country outside India and submit personal information to K-Hair or via the Platform, you consent to the general use and disclosure of such information as provided in this Privacy Policy and Disclaimer and to the transfer and/or storage of that information to India.
ACCOUNT DELETION
Should You ever decide to delete your account and no longer wish to be a Registered User with Us, you may do so by clicking on the "Delete Account" link on Your account settings page or by subscribing with K-Hair by clicking the “Unsubscribe” tag at the end of emails received by Us. On the termination of Your account, your profile, including Your check-in history and other Your personal information stored in the Platform, if any, will be removed from the Platform and deleted from Our servers. Because of the way We maintain Our Platform, such deletion may not be immediate, and residual copies of Your profile information or posts may remain on backup media for up to ninety (90) days or as per applicable laws. Even after You remove information from Your account or profile, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to Your privacy settings, or it was copied or stored by other users. Removed and deleted information may remain on backup media for up to ninety (90) days prior to being deleted from Our servers.
7. ADDRESS FOR PRIVACY QUESTIONS
Should You have questions about this Privacy Policy and Disclaimer, K-Hair’s process for information collection, usage and disclosure practices or to update Your personal data, feel free to contact Us at customercarekhair@gmail.com. We will use reasonable efforts to respond promptly to requests, questions or concerns You may have regarding our use of Your information. Except where required by law, K-Hair cannot ensure a response to questions or comments regarding topics unrelated to this Privacy Policy and Disclaimer or K-Hair privacy practices.
8. CHANGING OUR PRIVACY POLICY AND DISCLAIMER
Please note that We review and may make changes to this Privacy and Disclaimer Policy from time to time. Any changes to this Privacy Policy and Disclaimer will be effective immediately upon being posted on this page. By accessing the Platform, you indicate Your agreement to the modified Privacy and Disclaimer Policy and all the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy and Disclaimer Policy. We expect you to kindly review our Privacy Policy and Disclaimer more frequently, as Your use of our services provides Your acceptance to the prevailing Privacy Policy and Disclaimer on Your immediate use and access of Our Platform.
8. CHANGING OUR PRIVACY POLICY AND DISCLAIMER
In accordance with Information Technology Act 2000 and rules made thereunder, in case of grievances you can contact at customercarekhair@gmail.com. In the event You wish to make a complaint regarding any violation of the provisions of the Privacy Policy, you may send a written complaint to the Grievance Officer, who shall redress the complaint within one (1) month.
DISCLAIMER
You acknowledge and undertake that You are accessing the Services on the Platform and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions in the Platform with K-Hair. We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While We have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, Products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with K-Hair nor shall K-Hair have any obligations or liabilities in respect of any transactions on Platform.
Users have acknowledged themselves with the Services, Code of Conduct, Grants of Rights, Shipping and Delivery Policy, Exchange Policy, Cancellation Policy, Refund Policy and all the other clauses of Terms of Use mentioned under the tab Terms of Use. K-Hair shall not be responsible and held liable in any manner for Your unawareness or lack of knowledge of Terms of Use, including this Privacy Policy and Disclaimer.
K-Hair does not provide warranties for any Products sold or promoted on the Platform. All products displayed in Our catalogs may not be available for sale due to product unavailability or other reasons. Actual colors and dimensions may differ from the screen image of the product and K-Hair does not provide warranties on any merchandise. If You have offered and K-Hair has agreed to provide You with any custom based Products, it is agreed and understood by You that such customized Products are strictly based on the information provided by you in writing, which shall be deciphered with reasonable manner of understanding. Further, K-Hair shall not be responsible for any loss, defect, standard application while providing custom made Products to you. with All the content, materials and Products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, K-Hair does not warrant that: Platform will be constantly available, or available at all if the information on Platform is complete, true, accurate or non-misleading.
You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with Us, you consent to be contacted by Us via phone calls and/or SMS and/or WhatsApp notifications, in case of any order or shipment or delivery related updates.
Terms of Use
Welcome to K-Hair. This document is an electronic record and published in accordance with the Indian legislature, rules and laws, specifically under the Information Technology Act, 2000 and provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and terms of use for access or usage of K-Hair Studio as a platform- https://k-hair.in/ (hereinafter referred to as "Platform").
The Platform is owned by M/S K-Hair Studio India Private Limited, a company incorporated under the provisions of Companies Act 2013, CIN U51909MH2021PTC370157, having its registered office address at NL-5/17/2/12, Sector-3 Nerul, Mumbai City MH 400703 and branch office address at 610, JK Chambers, Sector-17,Vashi, Navi Mumbai-400703 (hereinafter referred as “K-Hair”), pursuing the business of selling custom made, real human hair enhancement and restoration solutions for hair loss like wigs, hair toppers, partial hairpieces, hair extensions and hair replacement systems for women, men and children (hereinafter referred as “Products”).Your use of the Platform and services and tools are governed by the following Terms of Use (hereinafter referred as "Terms Of Use") as applicable to the K-Hair including the applicable policies which are incorporated herein by way of reference. By mere use of the Platform, You shall be contracting with K-Hair, the owner of the Platform. These Terms Of Use including the policies constitute Your binding obligations with K-Hair. For the purpose of this Terms Of Use, wherever the context so requires "You", “Your”, "User" shall mean any natural or legal person who has agreed to become a buyer and has agreed to register himself/ herself/ itself on Platform for the purchase of Products sold by K-Hair by registering on the Platform as a registered user (“Registered User”). The terms " K-Hair", “Platform”, "We", "Us", "Our" shall mean K-Hair and its successors and assigns.
Please carefully go through these Terms Of Use, Terms Of Use, Privacy Policy and Disclaimer made available at https://k-hair.in/ before You decide to access or use the Platform. These Terms Of Use along with Privacy Policy and Disclaimer together constitute a legal agreement (“Agreement”) between You and K-Hair in connection with Your access and use of the Platform which is conditioned upon Your agreement and compliance with all the terms, conditions, and notices contained or referenced in this Agreement as well as any other written agreement executed between Us and You. You shall either by clicking "Sign Up" or the “I Accept” tab at the time of registration page of the Platform, or through the continued use or accessing the Platform, You accept the Terms of Use and consent Your approval to the provisions of the terms as laid down herein below. If You do not agree and do not wish to be bound by this Terms of Use, You have no right to access or use the Platform and we request You to exit the Platform immediately on an immediate basis. You use any of the services provided by Us through the Platform, including but not limited to purchasing the Product, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms Of Use and shall be considered as part and parcel of this Terms Of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms Of Use, at any time, without any prior written notification to You. You must ensure to review these Terms Of Use periodically for updates/changes. Your continued use of the Platform, following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms Of Use, We grant You a personal, non-exclusive, non-transferable, privilege to enter and use the Platform.
USING THE SERVICES
- As a User, You will be able to browse, view, purchase and use the Products and other customised services made available on the Platform (hereinafter referred to as “Services”). The Users can view all the Products; add the desired Products to the shopping cart; provide billing and shipping information; and execute payment for the desired Products on the Platform. However, during the checkout, it is mandatory for Users to provide their registered and valid email Id, mobile number and such other additional information that may be required for tracking and delivering purchase orders to You.
- In order to sign up and become a registered User on the Platform, You can access the account creation page on the Platform and enter Your personal details such as Your full and complete name, registered email Id, billing address and such other information as maybe required (hereinafter referred to as “Account”). Subsequent to the successful creation of Your Account, You may access and place orders on the Platform.
- On becoming a registered User with an active Account, You hereby represent and warrant to K-Hair that:
- In case You are an individual, You represent that You are of legal age and competent to enforce contract as per applicable laws of India and have the authority to enter into this Agreement. K-Hair reserves the right to terminate Your Account as a registered User and / or refuse to provide You with access to the Services if it is discovered that You are not of the legal age of contract, or that any information provided by You is inaccurate or fraudulent. It shall be Your sole responsibility to ensure that You meet all the eligibility criteria that is required to contract this Agreement with K-Hair.
- All the information provided by You on the Platform, as and when required, including, but not limited to Your legal name, e-mail address, mobile number, password (that You will use to access the Platform), are accurate, authentic and complete; and that it is Your responsibility to update/ change, if any, all such information with K-Hair, without causing any unnecessary delay. Failure to comply this provision may constitute as a breach of the Terms of Use, which at the discretion of the K-Hair may result in immediate deletion/cancellation of the Account and suspension of the Your / User’s access to the Platform; and
- All the information provided by You, concerning Your shipping and billing information such as, full name, billing address, shipping address, banking account details like should be correct, verified and true at all times
- You represent that You shall not use or attempt to use the Platform in violation of any applicable laws or any other code of conduct.
- You hereby understand and agree not to perform or attempt to perform the following actions:
- Create Account(s) for any other person or entity, without obtaining prior written permission from such other person or entity;
- Use the name or identity of any other registered User or other persons or entity with the intention to impersonate the identity of such other person or entity;
- Access the Account of any other registered User that is subject to any rights of a person or entity other than You, without appropriate written authorization from such a person or entity; or
- Sign in / Register the Account which can be construed as offensive, vulgar or obscene or otherwise unlawful in the eyes of a reasonable person.
- K-Hair reserves the right to suspend or terminate your Account and/or Your access to the Platform and any of its Services, if it is found that any information provided by You proves to be inaccurate, not updated or incomplete. You must immediately notify K-Hair of any unauthorised use of Your Account or any suspicious or unauthorised use of Your personal/financial details.
- K-Hair reserves the exclusive and discretionary right to revise or amend the cost of any of its Products (and other Services) offered on the Platform, without incurring any obligation of notifying You in prior. Accordingly, whilst placing purchase orders with K-Hair, You shall be obligated to pay for the Products (and other Services) at the revised or amended prices, as and when displayed on the Platform. However, Users who have already placed their orders with K-Hair by paying the complete cost of the relevant Product (and other Services), along with Users whose orders are confirmed by K-Hair, shall be exempted from paying the revised or amended prices, if any.
SERVICES OFFERED ON THE PLATFORM
The Services available on the Platform include the following:
- Signing Up: As mentioned above in this Agreement, Users may use the Services offered by K-Hair upon creating the Account and registering themselves as registered User.
- Browse Products: You may browse and have access to view Products in the form of descriptive images and photographs, which are uploaded on the Platform only as a reference.
- Wishlist of Products: On signing up as a registered User, You will be able to view, select and add Products, create wish lists in the Account. It is understood that by the action of selecting or adding Products to the wish list, it shall not be construed by either party as the creation of purchase order with K-Hair.
- Purchasing the Product/Add to Cart: Once You have selected the desired Product(s), size(s) and other requirements, You must click on the “Add To Cart” tab to include the desired Product(s) as the purchase order. Accordingly, the Platform will direct You to the “Shopping Cart”, displaying the final Product(s) for purchase as selected by You. The information displayed on this page will include details such as, the chosen size, description of the Product(s) selected, the unit price per Product, discount, if any, shipping/delivery charges, GST, other taxes and the total payable amount due by you (hereinafter referred as the “Expenses”). These Expenses must be borne by the Users, in the absence of which, K-Hair shall not be liable for confirming or processing purchase orders of any Product(s). The total amount to be paid by You will be displayed at the end of the webpage.
- Insurance: The Company does not hold and shall never hold insurance of any kind, towards any Product(s) delivered to You.
- Product accuracy: We strive for high degree of image accuracy and verify the dimensions of all Products on the Platform. However, as the Products are handmade by K-Hair and are a work of originality, there may be some differences in the visual rendering of images when seen on different devices. Thus, it may happen in some cases that the colour shades may not be as exact as the images shown on the Platform. We have made every effort to display colours and images of our Products as accurately as possible that appear at the store/warehouse of K-Hair. We cannot guarantee that Your electronic device, used whilst accessing the Platform, will be able to display Our Product’s colours accurately. Moreover, We reserve the discretionary right to limit and restrict the sale of any Products or Services to any person, entity, geographic region or jurisdiction, without the obligation of providing any reason or justification for the same. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any Products or Services that K-Hair offers on the Platform. Additionally, We reserve the right to discontinue any Product on the Platform, at any time, without having the obligation to notify You in prior.
In addition to the Expenses mentioned herein, You shall also be liable for the payment of international customs, taxes and local charges depending upon Your geographical location (hereinafter referred as “International and Local Charges”). K-Hair shall not be liable for Your lack or failure of paying the International and Local Charges to the appropriate authorities. You shall, at all times, be held liable for paying International and Local Charges and its related penalties, if any. In addition, if for any reason whatsoever, You fail to pay for the International and Local Charges, K-Hair shall not be obligated, any more for shipping and/or delivering the purchased Product(s) to You. On the date and time of delivery of Your Product(s), K-Hair or the shipping/delivery partner, as the case may be, shall provide You with the final receipt/invoice, with full and final breakup of the amount charged by K-Hair. However, this breakup shall not mention banking charges paid by You towards the authorised bank, currency differences, other financial or intermediaries charges paid by You, at the time of payment.
All purchase orders, including Expenses displayed on the Platform, must be paid in the Indian currency only. As mentioned before, the currency difference in the total sum charges, if any, must be borne by You at actuals. For Your easy understanding, the currency conversion rate might be displayed on the Platform. Thereafter, You will be required to fill in details regarding the shipping method and lastly review the order and then make an online payment via payment gateway provided as mentioned in clause 5.3 of this Agreement.
The Users are hereby made aware that the Company does not entertain / accept any exchange and/or cancellation and or refund requests for deliveries made outside India and thus all the Users shall bear this provision in mind while shopping with the Company. However, the eligibility and other criteria for exchange and cancellation requests applicable for domestic orders are mentioned in the Exchange Policy of clause 6 and Cancellation Policy of clause 7 of this Terms of Use respectively.
THE CODE OF CONDUCT FOR USING THE PLATFORM
Your use of the Platform shall be subject to the following restrictions that must be obeyed by You, at all times:
- You shall not delete or edit or attempt to delete or edit any content made available by K-Hair or its agents on the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
- You shall not perform or attempt to perform any activity with the intention to decompile, reverse engineer, or disassemble any part of the Platform, or remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use the Platform in any manner that may be harmful to the operation of the Platform or its content;
- You will not use the Platform and/or Services in any way that is unlawful, or harms or can potentially harm K-Hair or any other person or entity associated with it;
- You shall not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" or any other similar activity that can possibly harm, affect or disturb the business operations or reputation of K-Hair and/or the Platform.
- You shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person or entity and to which You do not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person or entity's privacy; hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
GRANT OF RIGHTS
- Platform content and usage: The Platform is owned and operated by K-Hair. We own all rights, title and interest, including all the intellectual property rights belonging to K-Hair such as copyright, trademarks, trade secrets, and other proprietary rights in and to the Platform is, software therein, the present or future modifications / upgrades thereof and standard enhancements thereto. All images uploaded by K-Hair on the Platform are the exclusive property of K-Hair or has been duly given to K-Hair under licence or otherwise, by the content owners or creators and is protected by international copyright laws. The arrangement and compilation present on the Platform is K-Hair’s exclusive property and is protected by international copyright laws. All names, logos, product and service names, designs and slogans made available on the Platform are the trademarks of their respective owners till the time the same are not used or purchased by the User.
- Intellectual Property Rights: K-Hair solely owns and manages all the intellectual property rights, whether registered or unregistered, including the trademark, wordmark, logos, copyrights, either for K-Hair’s websites or the packaging and design of the Products, patents if any, with respect to the Products displayed and sold on the Platform. However, even upon becoming the lawful owner of the Product(s), You are strictly prohibited from reproducing or reselling or redistribution of the Product(s) with commercial exchanges, without expressly obtaining ownership rights from K-Hair. You agree and understand that the Services of K-Hair offered on the Platform herein, are for end-to-end customers only and that legal actions can be initiated against You in any event of unauthorised reproductions of the Product’s print caused or instructed by You.
- Limited License to use the Platform: We grant You a non-exclusive, personal, non-transferable, revocable and limited right to have access and make personal use of the Platform and the Services offered therein. However, this access is valid only till the duration You are registered as a valid User on the Platform. You are, however, not permitted to reproduce, duplicate, copy, sell or otherwise exploit the Platform or any Products, Product image, Product listing, Product description, Product price, page layout, page design, trade dress, trademark, logo or other content displayed on the Platform for any commercial purpose, except as expressly provided. You shall not copy, make derivative works, transmit, post, link, deep link, redistribute, sell, decompile, modify, reverse engineer, translate, or disassemble the software embodied in the Platform.
SHIPPING AND DELIVERY POLICY
Users must make themselves aware and acknowledge K-Hair Studio ’s below mentioned Cancellation Policy, Exchange Policy and Refund Policy before placing purchase orders on the Platform. For shipping and delivering the Products, K-Hair Studio follows the following protocols which the User understands and agrees to:
Depending upon the stock availability with K-Hair Studio, the Products ordered by Users on the Platform will be confirmed by Us and shipped via the standard shipping method, within 7-14 (seven - fourteen) working days of receiving the orders.
However, in case You wish to expedite the shipping period, You can send Us an email at customercarekhair@gmail.com mentioning the order details and mode of payment chosen. Upon receiving such requests, K-Hair will share with You the final details of the expedited shipping, including the estimated time of shipping, mode of shipping, additional cost and the like. This cost of expedited shipping is born and must be prepaid by You in Indian currency only. You are liable to pay this amount either from the payment gateways made available on the Platform or via bank transfer, as the case may be. Once the payment is received and confirmed by K-Hair, We shall initiate the expedited shipping process of such Product(s). You must herein note that the Services of availing this expedited/faster shipping procedure and related payment details can only be initiated by K-Hair upon receiving a written request by You, in the absence of which, neither K-Hair nor any of its affiliates are liable for processing such Products under the expedited/faster method. Users are aware and understand herein that K-Hair holds discretionary rights to cancel purchased Products as per the Cancellation Policy mentioned in this Terms Of Use.
The purchased Products confirmed by K-Hair will be processed for shipping from the warehouse of K-Hair to the address mentioned in the order within a tentative time frame of 10-15 (Ten - Fifteen) days, depending on Your geographical location.All the Expenses and International and Local Charges, as mentioned in clause 2.5 of this Terms Of Use, shall, at all times, be borne by You and must be paid at the time of placing purchase orders on the Platform. You are hereby directed to only make use of the specified payment mechanism mentioned in clause 5.4 of this Terms Of Use.
The Payment mechanism available on the Platform:The final amount due for purchasing the Products, including the cost of Expenses and International and Local Charges as mentioned in this Terms of Use, must be paid via online payment facility available on the Platform. In order to process online payments, support and services of third parties and intermediaries are required. Further, in order to process international transactions in different currencies, the Platform accepts payment from credit and debit cards, including razorpay. However, K-Hair is not responsible for any financial loss or damage caused to You while using the payment mechanism on the Platform as these third parties and intermediaries as these third party intermediates are beyond the control and supervision of K-Hair.
Note that, K-Hair may in exceptional cases, accept payment for Product(s) via bank transfers. However, such requests can be confirmed only upon receiving a written request made at customercarekhair@gmail.com and on Our further discretionary right to accept such requests.Users are aware and completely understand that unless and until all Expenses are paid by the Users and are as per the terms of this Terms of Use, K-Hair shall not be liable for either confirming or processing any purchased Products.
You are solely responsible for the payment of Your taxes, legal compliances, statutory registrations and reporting including International Customs and Local Charges, if any. K-Hair shall not be responsible, in any manner for tax obligations or other related compliances, except for its own income tax and other statutory obligations.
The User shall be notified by email and/or text messages, as the case may be, regarding the confirmation, processing and shipping of the confirmed orders.
EXCHANGE POLICY
As manufacturing defects are not easily identified in the Product(s) sold on the Platform, We only accept requests of Exchange for the Products purchased by the User strictly on the following occasions:
- A wrong Product has been dispatched or shipped or delivered to the User; or
- If the Product is delivered in a defective or in damaged condition; and
- If the User desires to obtain any other Product, in exchange for the Product (hereinafter referred as the “Alternative Product”) mentioned in the above occasions i.e., clause 6.1 (a) and(b) of this Terms Of Use
- If the Products(s) delivered to Users are within India. The Company does not accept any requests of exchange for international orders.
The eligibility criteria mentioned herein for initiating the Exchange of the purchased order Products are limited and exhaustive and Users shall not be allowed for initiating the exchange requests for any reasons other than the criteria mentioned in this clause, whatsoever.
If the User is eligible to initiate the request for Exchange for the purchased Products, as mentioned above, Users must strictly meet the additional Exchange conditions, mentioned below
- User must be able to prove the defect/ damage/ wrong/ incorrect Product(s) provided by the Company sending photographs and/or videos capturing the manufacturing or delivery defect, incorrect Product, as the case maybe, and send such photographs or videos to K-Hair via email at customercarekhair@gmail.com
- The defective/ damaged/ incorrect Products must be packed and kept in the original condition along with the price tags and packaging items including tags, barcodes, accessories, manuals, shipping labels (as pasted on the packet), invoice, etc wrapped in corrugated sheet, craft paper, shrink wrap, bubble wrap for the protection safe return journey of the Product, even if the said Product is broken, damaged, or defected.
- The Product to be exchanged, must be placed in original condition as it were, at the time of delivery, which includes that the Product(s) shall not be washed, ironed, brushed, cut, or changed in any form or colour, whatsoever.
- Requests for initiating Exchange must be made within 2 (Two) working days from the date of delivery to the User. The time frame starts from the date the Product was delivered as per the confirmation received from Our logistics team or courier partners.
- The Product desired to be Exchanged shall be couriered by the Users to the Company at the address provided in clause 16.2 of this Agreement. Under no circumstances shall the Company be liable to pick the said Products from the Users.
- Users will not be levied any additional cost, in the nature of convenience fee, for initiating a request of an Exchange under this Agreement.
- The alternative Product(s) placed under Exchange Policy will be shipped to the User, within the tentative time frame of 15-20 (Fifteen-Twenty) days, depending on the User’s geographical location. The time frame begins from the date K-Hair receives the wrong or defective Product, as the case may be, at its warehouse.
- Exchange for Alternative Products: If the User desires to Exchange any of the Alternative Products mentioned in clause 6.1 (a), (b) and (c) of this Terms Of Use, the User can initiate a request for Exchange on the Platform. Users must note that the price of such Alternative Products should be either of the same value or more than the original Product. If the price of the Alternative Product is more than the original Product ordered on the Platform, You shall be responsible for paying the balance amount at the time of placing the Exchange request. If the price of the Alternative Product is less than the original Product, K-Hair shall refund the differential amount in the form of store credits to the User. The tenure of these store credits shall be valid till one (1) year only, beyond which, K Hair shall not be liable. The issuance of the store credits amount shall be processed by K-Hair within 5-10 (Five-Ten) business days of receiving the Exchange request.
- Users must note that all the conditions mentioned above for initiating Exchange request is absolute, complete and must necessarily be complied by Users, failing which K-Hair holds the absolute right to reject or cancel the Exchange request initiated by the User.
The Company is under complete autonomy to reject the Exchange request made by the Users if the Products are not in compliance with any of the provisions of this Agreement.
CANCELLATION POLICY
As an organisation, we believe in 100% customer satisfaction and offer a cancellation policy on the following mentioned occasions:
In case You wish to cancel any Product order, for any reason, whatsoever, kindly write to Us at customercarekhair@gmail.com within 48 (Forty Eight) hours of placing the order, along with the order number in the subject line and we will assist you in the procedure. Note, that the requests for cancelling the orders shall not be accepted after this time period of 48 (Forty Eight) hours. The time period of cancelling the orders shall begin from the time of placing the said order on the Platform. No request for cancellation will be entertained by K-Hair once the cancellation period, as mentioned above, expires.
Users must note that even though the availability of Products are displayed on the Platform and are updated in real time, it may so happen that certain Product(s) may not be processed for delivery due to non-availability or non-shipping to certain locations or any other unforeseen situation. Thus, purchase orders placed for any of such Product(s) may be cancelled by K-Hair, at its sole discretion. In such events, K-Hair shall notify the User within 48 (Forty Eight) hours of receiving the order and shall further initiate the refund amount of such Product(s) as per this Terms of Use.
REFUND POLICY
Once the Product(s) are purchased and placed by the User on the Platform, K Hair does not provide monetary refund for any of its Products. Nevertheless, as mentioned before, the Users can initiate Exchange requests in line with clause 6.1, 6.2(h), 6.3 of this Terms of Use and/or initiate request for Cancellation in line with clause 7 of this Terms of Use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
K-Hair does not guarantee, represent or warrant to You that Our Service or any use of the Platform will be uninterrupted, timely, secured and error-free.
K-Hair does not warrant that the results obtained from the use of the Platform will be accurate or reliable.
You agree that from time to time, We may remove any of the Services available on the Platform, for indefinite periods of time or cancel any of the Service, without providing any prior notice to You.
You expressly agree that Your use of or inability to use the Service is at Your sole risk.
The Services and all Products delivered to You through the Platform are, except as expressly stated by Us, provided on an 'as is' and 'as available' basis, 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 K-Hair, its directors, officers, employees, affiliates, agents, contractors, employees, interns, suppliers, vendors, delivery personnel, 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 to the 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 Product, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or Product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless K-Hair, its affiliates, employees, partners, artist and agents, from and against any and all damage, liability, claims, demand, actions, suits, judgement, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, arising out of or occurring in connection with:
Your access to or use of the Platform, Services, or Your violation of this Terms Of Use, including the Privacy Policy and Disclaimer;
Any breach by You of any representations or warranties contained in this Terms Of Use;
Violation or infringement of any third party right, any copyright, proprietary, intellectual property, or privacy right due to the User Information uploaded by You on the Platform.
THIRD PARTY LINKS
The Platform and Services may contain links to certain third-party websites or resources. You acknowledge and agree that K-Hair is not responsible or liable, in any manner, for the availability or accuracy, validity and functionality of such websites or resources and their content and Services.
K-Hair does not create or imply any endorsement or business relations or agreements with such third party links and their website or resources or content or process displayed on such third party links.
You acknowledge the sole responsibility for and assume all risk arising from Your use of any such websites or resources or the content, products or Services on or available on such third party links.
TERMINATION / MODIFICATION / SUSPENSION
K-Hair Studio may at any time terminate this legal Agreement with You, if You have breached any provision of this Terms of Use and/ or have acted in any manner which may be constituted that You do not intend to, or are unable to comply with the provisions of Terms Of Use.
If You wish to cease any further use of the Platform, You can do so by deleting Your Account from the Platform. For this clause, the User may be allowed to sign in and use the Platform on signing up again as a Registered User, unless such User is barred from accessing the Platform for any other reason that is provided in this Terms of Use.
We may update or change Platform, or the Services offered therein from time and again and would recommend that You review the updated Terms on a regular basis. You understand and agree that Your continued use of the Platform revising the Terms of Use constitutes as Your acceptance of the revised Terms Of Use.
Upon termination of your Account by K-Hair or on deletion of the Account by You, Your right to use the Platform or Services offered therein shall automatically terminate. You acknowledge and agree that Your right to use the Platform or Services offered therein is conditional upon your adherence to the Terms Of Use and continuous activation of Your Account, and payment of fees, if applicable. In the event of Termination or deletion of the account, We will not have access to Your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in possession of K-Hair. This policy is made in lieu of K-Hair’s Privacy Policy and Disclaimer which the User is aware of and in consent with.
You further acknowledge and agree that K-Hair shall not be liable to You or any third party for any termination of your access to the Platform. You agree to indemnify and hold K-Hair and its officers, managers, members, affiliates, successor, assigns, partners, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Terms of Use.
NON-REPRODUCTION AND RESELLING OF THE PRODUCTS
You are strictly prohibited from reproducing, or reselling, or distributing the Product(s) or any part of it, without obtaining express ownership rights from K-Hair Studio. You agree and understand that the Products (and Services) of K-Hair offered on the Platform herein, are for end-to-end consumers only and that legal actions can be initiated against You in any event of unauthorised reproductions or reselling or redistribution of the Products caused or under Your instruction.
GOVERNING LAW AND JURISDICTION
These Terms Of Use, Privacy Policy and Disclaimer shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Navi Mumbai. The place of jurisdiction shall be exclusively in Navi Mumbai.
ARBITRATION
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of Platform or Services offered therein or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996, along with all amendments.
The venue of such arbitration shall be Navi Mumbai. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.
MISCELLANEOUS PROVISION
Assignment: This Agreement, and any rights and licences granted hereunder, shall not be transferred or assigned by You, but may be assigned by K-Hair to a third person, without restriction.
Notices: All notices and communications shall be in writing, in English language and shall deemed given (a) if delivered personally or by commercial messenger or courier service or mailed by registered or certified post (return receipt requested) or (b)sent via e-mail communication (with acknowledgment of complete transmission) to K-Hair at customercarekhair@gmail.com or (c) at the address posted on the Platform. Notice shall be deemed to have been served 48 (Forty Eight) hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the e-mail address is invalid.
Waiver: No waiver of any term of these Terms Of use shall be deemed a further or continuing waiver of such term or any other term, and K-Hair's failure to assert any right or provision under these Terms Of Use shall not constitute a waiver of such right or provision
Force Majeure: K-Hair shall not be liable for any downtime or delay or unavailability of the Platform or delivery of Products and other Services caused by circumstances beyond K-Hair’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, pandemic, epidemic, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Entire Agreement: The Terms Of Use contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Terms of Use other than those contained or referenced in this Terms of Use.
Grievance Officer:In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Mr. Mukesh D.
Designation: Chief Grievance Officer, Mumbai
Email: customercarekhair@gmail.com
Time:10.30 a.m. to 6.30 p.m.