Terms & Conditions

Terms & Conditions

Welcome to Kokio5

By visiting us at kokio5.com, you ("your," "user," "users," "buyer," "buyers," "customer," "customers") accept these Terms & Conditions Notice. Please read them carefully. When you use any current or future kokio5 service (e.g. your account or profile, gift certificates, your reminder service, etc.) or visit/purchase from any business affiliated with kokio5, whether or not included in kokio5, you will be subject to these guidelines for such services or business. These Terms & Conditions Notice supersede all previous representations, understandings or agreements in variance with any other terms of any service or order provided by kokio5. By shopping or using other kokio5 services you agree to be bound by these Terms & Conditions Notice. All products or services and information displayed on kokio5 constitute an "invitation to offer." Your order of purchase constitutes your "offer," which shall be subject to Terms & Conditions Notice as listed below. Kokio5 reserves the right to reject or accept your offer at any time or under any circumstances.

Definitions

"Agreement" means Terms & Conditions Notice as detailed herein including the privacy policy and all schedules, annexures and appendices and will include references to agreement as amended, negated, varied, supplemented, or replaced from time to time. "kokio5" means the online shopping platform kokio5.com (site or website), and services provided by it and its affiliates owned and operated by Kokio5.com, which provides a venue to users of kokio5 to buy products listed on kokio5. "Vendor," "seller," or "affiliate" shall mean any person or legal entity that offers for sale products on the kokio5 platform. "Product" or "products" include any goods, products, merchandise, services, offers, or display items that are uploaded, showcased, or displayed on Kokio5 by its vendors and related description, information, warranties, delivery schedule, procedure, processes, etc.

Electronic Communication

When you visit kokio5 or send emails to us or provide your feedback, it clearly states that you are communicating with kokio5 electronically. In return you are providing your consent to receive communications from kokio5 electronically. Our representatives shall communicate with you via email or by posting notices on kokio5. You agree that all the agreements, notices, disclosures, and other communications that we provide to you electronically satisfy legal requirement that such communications be in writing.

Acceptance

Your access and use of the website and/or app signifies that you have read, understand, and agree to be bound by these Terms & Conditions Notice, whether or not you are a registered user of kokio5, and is subject to your compliance with these Terms & Conditions Notice. Kokio5 reserves the right to change, add, or delete any portions of the Terms & Conditions Notice from time to time without liability or prior notice to you. Your continued use of the website and/or app constitutes your acceptance of the agreement with all such changes. It is your responsibility to regularly check the website or app to determine if there have been changes to the Terms & Conditions Notice and to review such changes. If you do not agree to abide by these or any future Terms & Conditions Notice, please do not access or use (or continue to access or use) the website or app. In addition, kokio5 may post additional terms, conditions, rules, or requirements related to the website and/or app and/or the services and features of either. All such terms, conditions, rules, or requirements are/or will be incorporated by reference into these Terms & Conditions Notice and you agree to be bound by and subject to them. At its sole discretion, kokio5 also may offer other services or features governed by different Terms & Conditions Notice.

Disclaimer of the Warranties & Limitation of Liability

Kokio5 has made this service available to use as a matter of convenience.  Express disclaims any liability arising out of the uploading of any obscene, vulgar, or pornographic images, or altering or distorting of images available under this service in an obscene manner. Kokio5 also disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. Kokio5 does not warrant that sites or applications, servers, or email sent from Kokio5 are free of viruses or harmful components. Kokio5 will not be liable for damages of any kind arising from use of sites or applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Service(s) of kokio5 is/are provided on an "as is" basis without warranties, whether expressed/implied. Kokio5 doesn't warrant or represent maintaining confidentiality of information, although Kokio5's current practice is to ensure reasonable efforts to maintain maximum confidentiality. It is clearly understood by users that all warranties and after sales services, expressed or implied, take place directly between vendors and customers as per terms of sale by vendor.

Kokio5 does not endorse in any way the contents of advertisers on its pages or other communications. We will not be responsible for any damage suffered by users as a result of the use of services on its sites or applications. This without limitation includes loss of revenue or data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act or omission of vendors. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, omission, error, interruption, defect, deletion, delay in operation or transmission, computer or mobiles virus, theft, communication line failure, destruction or alteration of record, or unauthorized access to or use of record, whether from breach of contract, negligence, tortuous behavior or under any other cause of action.

Kokio5 assumes no liability whatsoever for monetary or other damage suffered on account of:

• The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of services;
• Any interruption or errors in operation of services. You expressly understand and agree that Kokio5shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages. These include but are not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Kokio5 has been advised of the possibility of such damages).

Users agree and acknowledge that users shall solely be responsible for users' conduct and that Kokio5 reserves the right to terminate rights to use our service immediately, notwithstanding any penal provisions under State of Haryana, India cyber laws or any allied laws enacted by the government of State of Haryana, India or other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Kokio5 or its affiliates, consultants, employees, agents, or contracted companies be liable for any direct, incidental, indirect, punitive, special, consequential or any other damages whatsoever, without limitation, including damages for loss of use, data, or profits. Such damages include those arising out of or in any way connected to the use of or performance of Kokio5's site, application, or services, such as interrupted communications, delays, lost data, or lost profits arising out of or in connection with this agreement. Kokio5 therefore neither offers nor endorses any judgment or warranty and accepts no responsibility for the availability or authenticity of any goods or services, or for any damage, loss, or harm, or consequential violation of international or local laws that may be incurred by your visit to and/or any transaction on Kokio5.

Notwithstanding anything that is contained herein, Kokio5 acts only as a booking agent or platform to facilitate or integrate transactions between buyers and sellers and shall in no way be responsible for the quality of products, damages, expenses, losses and/or taxes incurred by users for products, or if vendors, affiliates, or merchants are not able to service the orders of any user for any reason, or any misrepresentation of any sort by vendors, affiliates, or merchants. In no event shall Kokio5, its directors, officials, representatives, or employees be liable for any damages or claims related to products sold through its platforms. All prices, unless indicated otherwise, are in currency and Kokio5 reserves the right to enhance currency offerings or limit currency offerings at any time without notice.

Kokio5 shall not be liable for any delay or non-delivery of purchased goods by sellers due to floods, war, fires, natural disasters, acts of God, or any cause that is beyond control of Kokio5.

The availability of products is subject to change without any prior notice at the sole discretion of Kokio5; orders can be cancelled if any seller's product or products go out of stock. Kokio5 reserves the right to refuse or cancel orders placed for any product that is listed with an incorrect price that may be higher or lower than the published price. Cancellations may occur regardless of any order that has been confirmed or payment levied via check, credit card or other means. In the event payment has been processed by Kokio5 the refund amount shall be credited to your credit card or sent by cheque, and you will be notified accordingly by email.

In the instance of debit or credit card transactions, you must use a debit card or credit card that is issued in the name of the user. Kokio5 will not be liable for potential credit or debit card fraud.

Liability for fraudulent debit card, credit card, or net banking transactions shall lie solely upon the user to "prove otherwise."

Any request for the cancellation of any order once duly placed on Kokio5's site or application shall not be entertained.

In the event, a non-delivery occurs as the result of a mistake made by a user (i.e. wrong name or address) the burden of any extra cost incurred by Kokio5 for re-delivery will be placed upon you who made the order.

All the products are accordingly screened and assured by vendors to completely ensure that products are of the composition, standard, quality, style, or model of/in which they are represented and displayed on Kokio5 on behalf of the vendor. All and any additional information or description for/of a product that is displayed on Kokio5 on behalf of the vendor is as provided to Kokio5 by the aforementioned vendor. Kokio5 does not take responsibility for any incorrect or inaccurate display of a product's information.

Kokio5 and its affiliates reserve the right to cancel orders for products using sole discretion for any reason, which may include but is not limited to the product being out of stock, or for any other reason without any intimation to the user.

Use of Kokio5 is available only to persons who can form legally binding contracts. Persons who are considered "incompetent to contract" including minors, un-discharged insolvents, etc., are not qualified to use Kokio5. Minors (i.e. persons being under the age of 18 years) are not permitted to register as users of Kokio5 and shall not purchase any of the items displayed on the application or website by vendors. As a minor, if you wish to purchase any item, such purchases are to be completed by a parent or legal guardian who has already registered as a user of Kokio5 or can use Kokio5 as a guest user. Kokio5 reserves the right to terminate your registration and refuse to provide you with access to Kokio5 if it is brought to Kokio5's notice or if it is discovered that you are under age of 18 years.

Users agree, undertake and confirm that goods purchased by placing an order on all platforms of Kokio5 are purchased for personal consumption or use by you, and/or your family members, and/or your friends, and that such goods may not be re-sold by you.

Business entity registration: If you are registering as business entity, you represent that you are duly authorized by the aforementioned business entity to accept these Terms & Conditions Notice and that you have authority to bind that business entity to these Terms & Conditions Notice.

Trademark 

The logo or image of Kokio5 on the homepage of its website, mobile site, application, or any other location as used in communication to users is registered by Kokio5 and may not be used, communicated, or distributed without first obtaining the express written consent of Kokio5.

License & Site Access

Kokio5 grants you a limited license to access and make personal use of its websites, mobile sites, and applications, and not to download (other than the page caching) or modify it or any of the portion of it, except in the case that Kokio5 gives consent for the same. License does not include any re-sale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites, mobile sites, or the application or its contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites or applications or any portion of these sites or applications may not be reproduced, duplicated, sold, re-sold, copied, visited, or otherwise exploited for any commercial purpose without the express written consent of Kokio5. You may not frame or use any framing techniques to enclose any of the trademark, logo, or any proprietary information (including page layout, images, text or form) of Kokio5 and our affiliates without express written consent. You may not use any meta tags or any other "the hidden text" and Kokio5's name or our trademarks without the express written consent of Kokio5. Any unauthorized use terminates the permission or license granted by Kokio5. You are granted a limited, non-exclusive, and revocable right to create any hyperlink to the homepage of Kokio5.com as long as the link does not portray the services or products of Kokio5 or its affiliates in a false, derogatory, misleading, or otherwise offensive matter, or as you having the right to ownership of the same in any form. You may not use our trademark, or any Kokio5 logo or other proprietary graphic as part of link without express written consent and our acceptance.

Disputed Jurisdiction

Your Account

If you use Kokio5, you are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your digital device. You also agree to accept sole responsibility for all activities that occur under your account/password. Kokio5 does sell products for children, but it sells them to adults, who can purchase said products using their credit card or other monetary means on behalf of children. If you are under the age of 18 years old, you may use Kokio5 only with the involvement of your parent or legal guardian. Kokio5 and our affiliates have the right to cancel any order or service by/to any user at any time. Kokio5 and our affiliates reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders any time at our sole discretion.

Kokio5 is associated with all of our merchants for the supply and also service of goods directly to the customers. Kokio5 is the marketplace in which its merchants' products are sold. After sales service and given warranty for products sold by our merchants, as duly applicable for respective products, will be undertaken and even handled by the respective merchants or through individual service centers.

Reviews, Comments, Communications, & other Contents

Visitors may post reviews, comments, and other content, and submit suggestions, comments, ideas, questions, or any other mentioned information, as long as the content is not illegal, invasive of privacy, threatening, obscene, defamatory, infringing on intellectual property rights, or otherwise injurious or objectionable to any third parties, does not consist or contain any software viruses, political campaigning, mass mailings, commercial solicitation, chain letters, or any form of "spam." You may not use any false email address, impersonate any person or entity, or otherwise mislead users pertaining to your personal identity.

Kokio5 regularly reviews and monitors content posted by users and reserves the right (but not obligation) to publish and delete content. Kokio5 encourages users to engage and communicate within the app by liking, sharing, and following, but there is no tolerance for any kind of objectionable content. Users may report any inappropriate content they encounter by emailing Kokio5 at vipsupport@Kokio5.com. Necessary action will be taken within 24 hours of the information's receipt. Such action my include deleting content, suspending a user's account, or any other appropriate legal actions. Kokio5 app users are subjected to accept EULA (End-User License Agreement) terms and conditions. We reserve the right to take action against any EULA violations.

If you post content or submit material, until and unless we indicate otherwise, you grant Kokio5 and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, distribute, publish, translate, create derivative works from, and display such content throughout the world in any media. Kokio5 and its affiliates retain the right to use the name that you submit in connection with such content, if they so choose. You represent and also warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate any Kokio5 policies and will not cause injury to any person or entity, and that you will indemnify Kokio5 or any of its affiliates for all the claims resulting from content that you supply. Kokio5 also has the right but no obligation to monitor, as well as edit and/or remove any activity or content. Kokio5 neither takes any responsibility nor assumes any liability for the content posted by you or any third party.

Suspension due to Non-Compliance with Agreement

Notwithstanding other legal remedies that may be available to Kokio5, Kokio5 may at its sole discretion limit user activity by immediately removing the user temporarily or indefinitely, suspending or terminating the user's membership, and/or refusing to provide the user with the access to sites or applications if:

• The user is in breach of Kokio5's Terms & Conditions Notice as the result of any usage;
• The user has provided incomplete, inaccurate, or incorrect information;
• The user attempts to defraud Kokio5by using functionalities on its websites, mobile sites, or applications;
• Your actions cause harm, damage or any loss to other users or Kokio5

Illegal or unauthorized use of the Kokio5's websites, mobile sites, or applications, including any unauthorized framing or linking to Kokio5, will be investigated. Such an investigation may lead to the subsequent pursuit of appropriate legal action, including and without any limitation, civil, injunctive redress.

Risk of Loss

All Kokio5 orders are made pursuant to our shipment contract. The contract stipulates that the risk of loss and also title for such items will be passed to you upon delivery to the carrier by the vendor.

Product Description

Kokio5 and its affiliates attempt to be as accurate as possible. However, Kokio5 doesn't warrant that product descriptions, prices, given amounts or other content on Kokio5 are accurate, complete, error-free, and reliable. If a product offered by an affiliate on Kokio5 websites, mobile sites or applications is not as described, your sole remedy is to return it in unused/new condition.

Pricing 

The selling price, list price, offer price, MRP, or MOP displayed for products on our websites, mobile sites, or applications represent full in detail retail price listed on the product itself, and suggested or offered by manufacturer or the supplier or one of merchants or affiliates, or estimated in accordance with the standard industry practice and/or estimated in retail value for comparably featured item offered else anywhere. The selling price, list price, offer price, MRP, or MOP is a comparative price estimate and may or may not represent prevailing price in every area on any particular day. For certain items that are offered as a set, pack, combo or arrangement, selling price or list price may represent an "open-stock" price, which is determined by the aggregate of manufacturers' price estimations or any suggested retail price for each of the items included in the set, pack, combo, or arrangement. Final price will be applicable to the user's purchase and the required payment will be that which is displayed in the customer's shopping cart. This price may be inclusive or exclusive of any other charges in Kokio5's Terms & Conditions Notice.

Statutory taxes: In the event of any applicable taxes being levied on the seller, it is the seller that is responsible for meeting all of the statutory obligations toward the same, which inter-alia, include the deposit of all applicable taxes and any of the short taxes collected from the customer with authority of government.

Material Submitted by Users

Certain elements of Kokio5 websites, mobile sites or applications will contain material submitted by users. Kokio5 accepts no responsibility for the accuracy, nature, or conformity to applicable laws of any of such material.

Advertising Material

Part of Kokio5 websites, mobile sites, and applications contain advertising or other materials submitted to Kokio5 by third parties. Responsibility for ensuring the materials submitted for inclusion on Kokio5 platforms comply with applicable international and national law is the sole responsibility of advertisers and other content providers. Kokio5 will not be responsible for any of the claims, errors, or inaccuracies in the advertising material. Kokio5 reserves the right to omit, or change the position of any advertising material submitted for insertion. The acceptance of advertisements on Kokio5 will be subject to Kokio5's Terms & Conditions Notice, which are available upon the request.

Indemnity

You shall indemnify and hold harmless Kokio5 and its affiliates, third parties, subsidiaries, respective officers, employees, directors, and agents from any claim, demand, actions, or penalties, including the attorneys' fees, made by any third party due to your breach of the User Agreement, Terms & Conditions Notice, rules, regulations or rights of the third party.

User Feedback and Content Submissions

Kokio5 welcomes your feedback. In the event you email us or post or embed your comments, messages, feedback, creative or original concepts or ideas, content, data, text, photographs, graphics, or any confidential, proprietary or other information ("submission"), you represent and warrant to Kokio5 that you either own the submission or have the right to grant Kokio5 the license described below. Kokio5 does not claim to own any such submission, only the right you have licensed to us.

You agree that in making a submission, Kokio5 shall not be required to compensate you for any such license or submission, that any such submission shall not be considered confidential or non-public once submitted to Kokio5, and that Kokio5 alone is free to decide whether or not to post or use the submission. In the event a submission is posted or used by Kokio5, you acknowledge and agree that the submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a submission to Kokio5 via the app or other means, you: (a) agree not to make any submission that violates Kokio5's Terms & Conditions Notice in any way; (b) automatically grant Kokio5 a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the submission, and exercise all copyright, publicity and other rights with respect to any such submission; (c) are subject to existing laws and waive any moral rights you or your licensors have in any such submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any submission. You also grant each Kokio5 user a perpetual, worldwide, non-exclusive license to access your submission through the app or other means, and to use, reproduce, collect, distribute, share, display the aforementioned submission as permitted by Kokio5 under these Terms & Conditions Notice.

Kokio5 reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on Kokio5's websites, mobile sites and applications and will be removed.

Data Protection

Kokio5 is permitted to extend details regarding our services and products to you from time to time. For further details related to such offers please refer to our privacy policy. 

1. As per guidelines, Kokio5 is permitted to send promotional or informational SMS to its registered subscribers in the following situations: 

• At the time that a user registers on Kokio5
• Sending referred SMS for a period of six months from the time a customer places a valid order 

2. In Concurrence with Guidelines, Kokio5 will:

• Keep customers informed on the required procedure for opting-in and-out of SMS promotions service on a periodic basis;
• Obtain renewed approval from subscribers to continue receiving such information every six months;
• Not send any obscene, unauthorized, or objectionable content, message, or communication that is against the public interest, national security, or law of the land or infringes any copyright, intellectual property right, etc.
• Intimate to the subscriber at least once every 30 days the required procedure to opt-out from receiving information;
• Provide all details regarding the necessary procedure to opt-out from receiving such information in every advertisement wherein opt-in procedure is published by media;
• Maintain record of requests made by subscribers for receiving such information for at least three months and provide such record as and when required by authority.

Force Majeure 

Kokio5 shall have no liability to you for any interruption or delay in the access to websites, mobile sites, or applications, irrespective of any cause.

Arbitration

If any dispute arises between you and Kokio5 in connection with validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and/or Terms & Conditions Notice, said dispute shall first be referred to a sole arbitrator who shall be an independent and neutral third party identified by Kokio5.

Applicable law

This site is created and controlled by Kokio5. The laws of STATE OF HARYANA, INDIA shall apply in respect of all Terms & Conditions Notice and disclaimers. Kokio5 reserves the right to make changes to the Terms & Conditions Notice and disclaimers at any time, without any notice to users of Kokio5 services. Users are advised to regularly check for any amendments or updates to the Terms & Conditions Notice contained herein.

Sales, Customs and Value-Added Taxes 

In an effort to remain compliant with respective consumer legislation, we strongly encourage our customers to maintain good standing with respect to custom and value-added taxes or GST, where applicable.

Due to separate and applicable tax jurisdictions, the end customers' purchases may be subject to specific sales, custom or GST, and the shipping time and associated cost may increase.

Entire Agreement

These Terms & Conditions Notice constitute an entire agreement between parties with respect to subject matter hereof and supersede and replace all prior or contemporaneous written or oral understandings, agreements, or subject matter. Clauses shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.

You agree, undertake, and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information that:

• belongs to another person and to which you do not have any right;
• information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law in force;
• deceives or misleads addressees about the origin of any such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates others;
• contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any digital device;
• Threatens unity, security integrity, friendly relations with foreign states, defense, or public order, or causes incitement to commission of any cognizable offense, prevents investigation of any offense, or is insulting to any other nation.

About Shipping: 

Please Check Shipping Policy.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of STATE OF HARYANA, INDIA.