Terms and Conditions
LAST REVISION: 10/10/2018
Please read this terms and conditions agreement carefully. by using this website or ordering products or services from this website you agree to be bound by all of the terms and conditions of this agreement.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.kathakalpa.com (the "Website"), Kathakalpa ("Business Name") offer of products/services for purchase on this Website, or your purchase of products/services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Kathakalpa reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Kathakalpa will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Kathakalpa encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Kathakalpa for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Kathakalpa Book Rental Service:
Kathakalpa, is a book rental service provider, once the customer completes the registration process, customer gets the membership. Members can login www.kathakalpa.com and access certain features. To get the books delivered, members have to move the interested books to the wish-list. Based on availability of books, Kathakalpa would deliver the books on every Saturday or Sunday to the registered address. It is Kathakalpa’s discretionary that which book to be delivered from the wish-list. Members should maintain at least 10 books in their wish-list . While delivering the books, members should give back the existing set of books to the delivery executive to get the new set of books.
The books shall at all times remain the property of Kathakalpa, and the members shall have no right, title or interest in or to the books. The members shall give Kathakalpa immediate notice in the event the book is lost, stolen or damaged as a result of the member’s possession or use of the book. Kathakalpa hold the right to request return of a/the book(s) in the ownership of members and they have to immediately return book(s) to Kathakalpa, failure to do as such within 7 days makes members obligated for the cost of those book(s), for which Kathakalpa executes right to charge their member's refundable security deposit. Kathakalpa records the condition of books while dispatching the books to members and make sure the books are deliverable condition. Members should also make sure that the books are acceptable condition. If members find any damage in the books, should be communicated to Kathakalpa through phone or email. While delivering and pick-up the books our executive will check the books, if in case a book is damaged, our execute will notice the same to you and later Kathakalpa will charge the cost of book against security deposit.
Membership & Membership Plans:
Once the customer completes the registration process, Kathakalpa assumes that customer is aware of Kathakalpa’s delivery model and membership plans. Kathakalpa automatically generates and sends billing info to members at least 5 days before billing date unless members cancels his membership. And the members are responsible for paying membership fees regularly and it is not refundable. The bill includes membership plus taxes, late payments and damage charges if any. Kathakalpa suggest members to pay membership fee in time to avoid service interruptions. If membership fee is due after 5 days of due date, Rupees 30 would be charged to the billing account and account will hold temporarily, books will not delivered during that time.
If the bills are not paid as on the due date, your account will be terminated and you will not receive any more books, till the payment is made. Moreover, if your account terminated, you will have to return the books within seven business days.
Kathakalpa is facilitating to change your membership plans during your current membership plan, you can upgrade membership plans by paying the difference amount of the plans, but we allow downgrades in plans only in the next billing cycle. You may cancel your membership at any time by calling to our customer care and send email to firstname.lastname@example.org. Please make a note that we will not refund membership fee. We will refund your security deposit in the form of bank cheque after deducting outstanding charges to the residential address which was given at the time of registration. While registration if Kathakalpa offers any discount that applies only for the first time not for the renewal, unless otherwise mentions.
Disclaimer of warranties
Your use of this website and/or products and/or Services are at your sole risk. the website and products/services are offered on an "as is" and "as available" basis. Kathakalpa expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products/services. ("products/services" include trial products.) without limiting the generality of the foregoing, Kathakalpa makes no warranty: that the information provided on this website is accurate, reliable, complete, or timely. that the links to third-party websites are to information that is accurate, reliable, complete, or timely. no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. As to the results that may be obtained from the use of the products or that defects in products will be corrected. Regarding any products/Services purchased or obtained through the website. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of liability
Kathakalpa entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products/services purchased via the website. Kathakalpa will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless Kathakalpa, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Kathakalpa. When Kathakalpa is threatened with suit or sued by a third party, Kathakalpa may seek written assurances from you concerning your promise to indemnify Kathakalpa; your failure to provide such assurances may be considered by Kathakalpa to be a material breach of this Agreement. Kathakalpa will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Kathakalpa choice at its expense. Kathakalpa will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Kathakalpa against any claim, but you must receive Kathakalpa prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Agreement to be bound
By using this Website or ordering Products o ordering services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.