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Terms of Use


1.    TERMS OF USE

Welcome to www.khanpan.in. This Site is owned and operated by Saniya Infomedia Private Limited. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use govern all the products offered on this Site.
The Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter "Terms of Use") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together "Policies") as modified and amended from time to time.
By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.
Khanpan reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If Khanpan decides to change the Terms of Use or Policies, Khanpan will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

 


2.    PRIVACY

By submitting your email address in connection with your account, you agree that Khanpan can use your email address to contact you about your Khanpan account or Content you have submitted to the Sites, including the Reviews/Questionnaires/Complaints, or for other administrative purposes and for any other purpose permitted or required by law. 


3.    YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. Khanpan or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.
If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to Khanpan .
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Khanpan's and Khanpan’s best interests to do so. You are solely responsible for all content that you upload, post, email or otherwise transmit via the Site.The information provided to us shall be maintained by us in accordance with our Privacy Policy.

 


4.    Product Information

The products displayed on this Site can be ordered and delivered only within INDIA. Khanpan products displayed on the Sites may be available in select retail stores in INDIA and certain foreign markets. All prices displayed on Khanpan .in are quoted in Indian RUPEES(₹) and are valid and effective only in INDIA Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Khanpan .
All materials presented by Khanpan is intended to be used for personal purposes only. The statements made about products by the manufacturers have not been evaluated by the INDIAN Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Khanpan are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Khanpan it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of this Site is not meant to serve as a substitute for professional medical advice: this Site is  solely an online store for Fragrances and scented products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from this Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Khanpan does not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. Khanpan does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Site.
The products available on this Site, including any samples Khanpan may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Khanpan . Khanpan reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Khanpan in its sole discretion.


5.    WEBSITE IMAGES, DESCRIPTIONS AND PRICING

We undertake all reasonable care to ensure that all the details, prices and descriptions of website products are accurate at the time when the appropriate information was entered onto our system (E&OE).
Whilst we endeavour to keep the website as up-to-date and accurate as is possible, there may be rare occasions when the information on the website (including product descriptions, stock and pricing) at a certain time may not reflect the position exactly at the point an order is placed.
Free gifts with purchase are subject to availability. On rare occasions, free gifts may be advertised when they are no longer available. In these instances, we reserve the right to offer no replacement item. All product photography is for illustrative purposes only, and the actual item may vary in colour, design and product size.


6.    FREE SAMPLES WITH ONLINE ORDERS

Some products (e.g. Fragrance) may contain free samples with orders placed via the website. It may be the case however, for some delivery methods such as 'Click & Collect'', the sample vials may be exchanged for alternative sampling experiences in store on collection.


7.    GIFT CARDS

Activated gift cards can be redeemed in full or part payment for any goods at Khanpan online store.
The gift card cannot be exchanged for cash or any other vouchers.
The balance of your gift card can be checked online only.
No change will be given as part of a gift card transaction, but any remaining balance can be used for future purchases.
In the event that the balance on the card is not redeemed after 12 consecutive months the gift card will automatically expire and the remaining balance will be cancelled.
Khanpan cannot replace or reimburse the card if it is lost or stolen.
You cannot top-up an existing gift card online or in-stores and expired or de-activated cards cannot be re-used.
In the event you would like to cancel an order where you have used a Gift Card as payment or you have any questions or concerns please contact customer service.
We reserve the right to amend these terms and conditions. Any change will be notified on our website.

 


8.  MODE OF PAYMENT

Payments for the products available on the Site may be made in the following ways:

•  Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, Cash on Delivery and reward points.
   Credit

•  Card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.

 


9.  CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.


10.  USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us ("User Content"), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that

A. belongs to another person and to which the user does not have any right to
B. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
C. harm minors in any way
D. infringes any patent, trademark, copyright or other proprietary rights
E. violates any law for the time being in force
F. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
G. impersonate another person
H. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
I. 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.

 

Khanpan shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Khanpan does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Khanpan . You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Khanpan be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Khanpan for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

 

You hereby acknowledge that Khanpan has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Khanpan has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at support@khanpan.in and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.


11. PROHIBITED USES OF OUR WEBSITES

You must not reproduce, duplicate, copy or resell any part of our websites or any content from our websites, save and except to the extent expressly permitted in these Terms of Use.
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our websites or any part of it, our systems, any of our hardware or equipment or any networks on which our websites are hosted, any software that we use to create or modify the websites or to make the websites available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our websites for lawful purposes only and in accordance with these Terms of Use. You must not use our websites:

(a)  for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international
(b)  for any fraudulent purposes whatsoever
(c)  to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam,       communicate with or market to anyone any goods, services or business not authorised by us
(d)  to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time       bombs or any other harmful programs or code which could adversely affect the use or operation of the websites, our hardware or       systems, or the computers, tablets, phones or other devices ofany users or other third parties, or to upload any content or materials       containing any such content
(e)  to communicate with, harm or attempt to harm children in any way
(f)  in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

 

You must not submit to us any personal information about you if you are under the age of 18, or about any other person who is either:

 

(a)   under the age of 18 or
(b)   if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.

 


12. VIRUSES AND OTHER HARMFUL CONTENT

We do not guarantee that our websites does not contain viruses or other malicious software.
We shall not be responsible for any bugs or viruses on our websites, any such software that might be transferred to your computer from our websites, or any consequences which the presence or operation of such programs may have.
You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
You must not upload or otherwise introduce to our websites any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
You must not use any third parties, software or technology to attempt to gain unauthorised access to our websites, our servers, systems, hardware, software or data.
You must not attempt to perform any denial of service type attack on our websites.


13. LINKS TO OTHER WEBSITES

Links to third party content or websites may appear on our websites from time to time.  We are not responsible for the content of any websites accessible via any link(s) on our websites. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our websites, suitable or appropriate for use or viewing, lawful or accurate.
Any third party websites accessible via a link on our websites may collect and process your personal information. We are not responsible for any data-processing activities carried out by any third party websites which is linked to from our websites.


14. LINKS TO OUR WEBSITES

You may not link to our websites without our prior written consent.
Where you have obtained our consent to link to our websites:

 

(a) you may provide links to our websites on other websites owned by you, provided that such websites and the use of any links to our      websites comply with these Terms of Use;
(b) wherever you post a link to our websites on any other websites, you agree that you will do so in an appropriate manner, and not in any      way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us      or our business; and
(c) you must not link to our websites in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship,      approval or endorsement in connection with us where none exists and, in any event, without having first obtained our prior written      consent.
(d) We may withdraw permission to link to our websites at any time. In the event that we withdraw permission to link to our websites and      inform you of the same, you must immediately remove or cause to be removed any links to our websites.

 


15.  INTELLECTUAL PROPERTY RIGHTS

The "Khanpan" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of Khanpan. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Khanpan or others, are the intellectual property of their respective owners, and Khanpan shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
Khanpan and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Khanpan and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Khanpan explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Khanpan , any of its affiliates or by third parties who have licensed their materials to Khanpan and are protected by Indian copyright laws and international treaties.


16.  DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY

 

(a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;
(c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE;
(e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING       HYPERLINK TO OR FROM THIRD PARTY WEBSITES;
(f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR
(g) EVENTS BEYOND THE REASONABLE CONTROL OF Khanpan . WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS      OR ERRORS WILL BE CORRECTED.

 

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms of Use.


17.GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Mumbai.
Without any prejudice to particulars listed in Clause 13 above, Khanpan shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.


18.  SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

 

a.  accessing data not intended for you or logging onto a server or an account which you are not authorized to access
b.  attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
c.  attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
d.  sending unsolicited email, including promotions and/or advertising of products or services; or
e.  forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability

 

Khanpan is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Khanpan on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).


19.  AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Khanpan with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
Khanpan failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.


20.  GENERAL

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at support@Khanpan.in


21.  CONTACT INFORMATION: Customer Service Desk

 

E-mail id: support@Khanpan.in
Contact Days: Monday to Saturday (10:00 a.m. to 5:00 p.m.) 
                       Sunday (10.00 a.m. to 1.00 p.m.)