We TechPayLogic Technologies Pvt. Ltd. value the trust you place in Key2Shop. That’s why we insist upon your reading these Terms of Use carefully. The Terms and Conditions and policies about Privacy, Fees, Payments, Promotions, Delivery, Returns and Refund together shall form the entire Terms of Use.
What is this Document?
These terms of use, read together with the (i) Privacy Policy, (ii) Fee and Payment Policy, (Iii) Delivery Policy, (Iv) Promotions Policy, And (V) Return and Refund Policy constitute a legal and binding agreement between you and TechPayLogic Technologies Pvt. Ltd., a company incorporated under the laws of India, having its registered office at 20th Floor, Oberoi Commerz II, International Business Park, Oberoi Garden City Goregaon East (D2), Mumbai, MH 400063 India (“TechPayLogic Technologies Pvt. Ltd.”).
The Terms of Use, inter alia, provides the terms that govern your access to use (i) Key2Shop website key2shop.com, and its mobile and tablet applications (“Platforms”), (iii) Key2Shop online lifestyle, fashion and electronics solutions, which inter alia facilitates the purchase of electronics, lifestyle, fashion merchandise and such other products sold by Key2Shop (“Products”) through the Platforms, and (iv) and any other service that may be provided by TechPayLogic Technologies Pvt. Ltd. from time to time (collectively referred to as the “Services”).
You hereby understand and agree that the Terms of Use form a binding contract between TechPayLogic Technologies Pvt. Ltd. and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Terms of Use. If you do not agree to the terms contained in the Terms of Use, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Terms of Use shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Terms of Use.
Terms and Conditions Applicable to Users
Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to Key2Shop that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Terms of Use. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Terms of Use, including terms of purchase of Products, on behalf of the minor User. Should Key2Shop be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, Key2Shop reserves the right to deactivate such User’s account without further notice.
The Terms of Use are governed by the provisions of Indian law, including, but not limited to:
the Indian Contract Act, 1872;
the Information Technology Act, 2000;
the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”) and;
the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Key2Shop, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Key2Shop Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the Key2Shop Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Key2Shop Content in any way for any public or commercial purpose or for personal gain.
Key2Shop authorises you to view and access the Key2Shop Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. Key2Shop , therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the Key2Shop Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Key2Shop Content.
As means to assist the Users in identifying the Products of their choice, Key2Shop provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Key2Shop disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
Users may make purchases on the Platforms. For the purposes of identifying a User, Key2Shop may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.
The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.
Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, Key2Shop acceptance of the User’s offer and the User’s continued adherence to the terms of the Terms of Use.
You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if Key2Shop has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Terms of Use, Key2Shop reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.
All rights and liabilities of Key2Shop with respect to any Services to be provided by it shall be restricted to the scope of the Terms of Use. In addition to the Terms of Use, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Key2Shop shall not be held liable for any transaction between you and any such third parties.
You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages (including through internet-based mobile messaging) and/or emails from Key2Shop on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, Key2Shop acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by Key2Shop (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from Key2Shop that the Product will be delivered. Key2Shop acceptance to your offer to purchase shall occur and conclude only when the products have been despatched by Key2Shop and a text message and/or email confirming such despatch has been sent to you. Key2Shop , at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.
Any communication from Key2Shop shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, Key2Shop may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While Key2Shop shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, Key2Shop shall not be held liable for any failure to send such notifications or reminders to you.
Key2Shop may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Terms of Use in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Terms of Use from time to time. Such changes shall be made applicable when they are posted. Key2Shop may also alter or remove any content from the Platforms without notice.
While Key2Shop shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, Key2Shop shall not be liable for any interruption that may be caused to your access or use of the Services.
Access to and registration on the Platforms is free of cost. Although unlikely, Key2Shop may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by Key2Shop without serving prior notice on the Users.
The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Key2Shop does not covenant or warrant that:
the Services will be made available at all times;
the Key2Shop Content available on the Platforms is complete, true, accurate or non-misleading; and
the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.
The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.
User Covenants and Obligations
As mandated under the provisions of Regulation 3(2) of the IG Rules, Key2Shop hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:
belongs to another person and to which you do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
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;
impersonates or defames another person; or
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Platforms or the Key2Shop Content;
transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by Key2Shop.
intentionally submitting on the Platforms, false or inaccurate information;
using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or
copying or duplicating in any manner any of the Key2Shop Content.
You are also obligated to:
refrain from acquiring any ownership rights by downloading the Key2Shop Content;
read the Terms of Use and agree to accept the terms and conditions set out therein;
refrain from copying or modifying the Key2Shop Content available on the Platforms for any purpose;
comply with all applicable laws in connection with your use of the Platforms;
not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and
use the Products for personal, non-commercial use.
You hereby authorise Key2Shop to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.
Key2Shop may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, Key2Shop can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by Key2Shop as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Key2Shop or any person on its behalf and the User or where you have consented to such data transfer.
Third Party Information
All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. Key2Shop is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.
Intellectual Property Rights
All the intellectual property used on the Platforms by Key2Shop , including the Key2Shop Content, shall remain the property of Key2Shop , its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Terms of Use, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Key2Shop , its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.
If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at [email protected] and let us know of your concerns.
Unlawful or Prohibited Use
You warrant to Key2Shop that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Terms of Use or under applicable law.
Liability
You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. Key2Shop shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.
Key2Shop does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.
The maximum aggregate liability of Key2Shop , in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).
Indemnity
You hereby agree to indemnify and hold harmless Key2Shop , its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Terms of Use, (iii) infringement, or infringement by any other user of your account with Key2Shop , (iv) action or inaction on behalf of Key2Shop’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. Key2Shop shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide Key2Shop with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
Grievance Officer
In accordance with the provisions of the SPI Rules, any grievances which you may have with respect to the information shared by you with Key2Shop hereunder and its treatment, may be directed by you to the grievance officer of Key2Shop at [email protected] or at the below mentioned coordinates:
Designation: Grievance Officer
Severability
If any provision of the Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Terms of Use shall continue to be in full force and effect.
Term and Termination
The Terms of Use will remain in full force and effect while you use any Service in any form or capacity.
Key2Shop reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Terms of Use, misrepresentation of information, any unlawful activity or if Key2Shop is unable to verify or authenticate any information you submit to it.
The User may terminate the Terms of Use at any time, provided that the User discontinues any further use of the Platforms or Services.
It is specifically clarified that any termination of the Terms of Use by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.
Dispute Resolution and Governing Law
The Terms of Use and any contractual obligation between Key2Shop and you under the Terms of Use shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
All disputes will be subject to arbitration at Mumbai, Maharashtra in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Key2Shop and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd(third) arbitrator.
Arbitration awards shall be reasoned awards and shall be final and binding on Key2Shop and the disputing User, and shall be enforceable in any court of competent jurisdiction.
Waiver
Key2Shop failure to enforce any provision of the Terms of Use or respond to a breach by a User or User shall in no way imply a waiver of Key2Shop right to subsequently enforce any provision of the terms of the Terms of Use or to act with respect to similar breaches by a User or User.
Notices
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
Postal Address:20th Floor, Oberoi Commerz II, International Business Park, Oberoi Garden City Goregaon East (D2), Mumbai, MH 400063
Phone Number: +91 84 84 85 3305
Email Address: [email protected]
Interpretation
Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Terms of Use and shall be ignored in construing the same.
Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
The words “include” and “including” are to be construed without limitation.
