Terms & Conditions
AGREEMENT TO OUR LEGAL TERMS
We are AP Home (“Company,” “we,” “us,” “our”), a company registered in India at House No. 139, Gali No. 3, Ram Nagar, Roorkee, Haridwar, Uttarakhand, 247667.
We operate the website https://kasabahome.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by phone at +91 8422925025, email at customercare@kasabahome.com, or by mail at House No. 139, Gali No. 3, Ram Nagar, Roorkee, Haridwar, Uttarakhand, 247667, India.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and AP Home, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in India and worldwide.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
This license is for your personal, non-commercial use or internal business purposes only.
Except as set out in this section or elsewhere in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in these Legal Terms, please address your request to:customercare@kasabahome.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms, and your right to use our Services will terminate immediately.
Your Submissions and Contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
License for Contributions: By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to:
- use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise;
- prepare derivative works of, or incorporate into other works, your Contributions; and
- sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
Responsibility for Content
By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission or post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- waive any and all moral rights to any such Submission and/or Contribution to the extent permissible by applicable law;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions, and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
Removal of Content
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information as necessary.
- You have the legal capacity to enter into these Legal Terms and you agree to comply with them.
- You are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Services.
- You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Services for any illegal or unauthorized purpose.
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- UPI
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in INR.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
RETURN POLICY
All sales are final, and no refunds will be issued.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and do not promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, to:
- Edit, redact, or otherwise change any Contributions.
- Re-categorize any Contributions to place them in more appropriate locations on the Services.
- Pre-screen or delete any Contributions at any time and for any reason, without notice.
- We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed.
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language.
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
- Your reviews should not contain references to illegal activity.
- You should not be affiliated with competitors if posting negative reviews.
- You should not make any conclusions as to the legality of conduct.
- You may not post any false or misleading statements.
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen or delete reviews, even if anyone considers them objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily reflect our opinions or those of our affiliates or partners. We are not liable for any reviews or claims resulting from them. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right to use, modify, reproduce, translate, transmit, display, perform, or distribute all content relating to your review.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Legal Terms.
- Take legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement authorities.
- Refuse, restrict access to, limit availability, or disable any of your Contributions or portions thereof at our sole discretion.
- Remove or disable files and content that are excessive in size or burdensome to our systems.
- Otherwise manage the Services to protect our rights, property, and ensure proper functioning.
TERM AND TERMINATION
These Legal Terms will remain in full force while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) FOR ANY REASON, INCLUDING BREACHES OF ANY REPRESENTATION OR WARRANTY. We may terminate your use or participation in the Services or delete your account and content at any time, without warning.
If your account is terminated or suspended, you are prohibited from re-registering under your name, a fake name, or the name of any third party, even if acting on behalf of that third party. In addition to suspending your account, we may pursue legal action, including civil, criminal, or injunctive measures.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify or remove content from the Services at any time, without notice. We are not obligated to update any information. We may also discontinue all or part of the Services without prior notice. We are not liable for any modification, price change, suspension, or discontinuance of the Services.
The availability of the Services is not guaranteed. Maintenance, software issues, or other problems may cause interruptions. We reserve the right to update, suspend, or discontinue the Services at any time without notice. We will not be liable for any inconvenience or damages caused by downtime or service interruptions.
GOVERNING LAW
These Legal Terms are governed by the laws of India. Both AP Home and you irrevocably consent to the exclusive jurisdiction of the courts in India for resolving any disputes arising from these Legal Terms.
DISPUTE RESOLUTION
Informal Negotiations
To resolve disputes, both Parties agree to attempt informal negotiations for at least 30 days before initiating arbitration. This process starts with written notice from one Party to the other.
Binding Arbitration
Any disputes arising from or related to these Legal Terms shall be resolved through binding arbitration under the International Commercial Arbitration Court (ICAC) of the European Arbitration Chamber in Brussels, Belgium. The language will be English, and the arbitration seat will be Roorkee, India. The governing law will be Indian law.
Exceptions to Arbitration
Disputes regarding intellectual property, privacy violations, or seeking injunctive relief are excluded from arbitration and must be resolved in the courts of India.
CORRECTIONS
There may be errors or inaccuracies in the Services, including content descriptions, pricing, and availability. We reserve the right to correct these errors without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not guarantee the accuracy of the Services’ content or any linked content. We are not liable for personal injury, property damage, unauthorized access, or any damages caused by the use of the Services.
LIMITATIONS OF LIABILITY
We are not liable for any direct, indirect, or consequential damages arising from your use of the Services. Our liability will be limited to the amount paid, if any, by you for the use of the Services. Some jurisdictions do not allow limitations on warranties or damages, so these exclusions may not apply to you.
INDEMNIFICATION
You agree to defend, indemnify, and hold AP Home harmless from any claims arising from:
- Your Contributions.
- Your use of the Services.
- Any breach of these Legal Terms.
We reserve the right to assume the defense of any claim at your expense, and you agree to cooperate in the defense of any such claims.
USER DATA
We will maintain data you provide to the Services for operational purposes. While we perform regular backups, you are responsible for your data. We are not liable for any loss or corruption of data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Services, you consent to receiving electronic communications and agree that all agreements and notices provided electronically satisfy legal writing requirements. You waive any rights that would require physical signatures or non-electronic records.
MISCELLANEOUS
These Legal Terms, along with any posted policies, constitute the entire agreement between you and Kasaba Home. If any provision is found unenforceable, the remainder of the Terms will remain in effect.
CONTACT US
To resolve complaints or for more information about using the Services, please contact:
AP Home
C/o Khushi Gogia
House No. 139, Gali No. 3, Ram Nagar,
Roorkee, Haridwar, Uttarakhand, 247667
Phone: 8422925025
Email: customercare@kasabahome.com
