Welcome to Keitherns.com. By using our website, you agree to comply with and be bound by the following terms and conditions. Please review them carefully. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
1. Introduction
1.1 These Terms and Conditions, read together with the (i) Privacy Policy, (ii) Fee and Payment Policy, (iii) Delivery Policy, (iv) Return and Refund Policy, constitute a legal and binding agreement between you and Keitherns Kids Solution LLP, a company incorporated under the laws of India, having its registered office at Smart Avenue, unit FO-02, 4th floor, 28/ A, 80 Feet Rd, Michael Palaya, Indiranagar , Bengaluru, Karnataka 560038,India (“Keitherns”).
1.2 The Terms and Conditions, inter alia, provide the terms that govern your access to and use of (i) Keitherns’s website www.Keitherns.com, and its mobile and tablet applications (Platforms), (iii) Keitherns’s online store, which inter alia facilitates the purchase of children’s games, puzzles, and related merchandise (Products) through the Platforms, and (iv) any other service that may be provided by Keitherns from time to time (collectively referred to as the Services).
1.3 You hereby understand and agree that the Terms and Conditions form a binding contract between Keitherns 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 and Conditions. If you do not agree to the terms contained in the Terms and Conditions, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Terms and Conditions shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Terms and Conditions.
2. Intellectual Property Rights
Unless otherwise stated, Keitherns Kids Solution LLP and/or its licensors own the intellectual property rights published on this website and materials used on Keitherns.com. You may view, download, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
2. Terms And Conditions Applicable to Users
Users must be 18 years of age or older to register, visit, or use our Services in any capacity. By registering, visiting, or using our Services, you represent and warrant that you are at least 18 years old, have the right, authority, and capacity to engage with the Services, and agree to comply with these Terms of Use. If a User is under 18, it is assumed they are using the Platforms under the supervision of a parent or legal guardian who has read and agrees to these Terms of Use, including purchase terms, on the minor User’s behalf. If Keitherns becomes aware that a User under 18 is using the Platforms unsupervised, we reserve the right to deactivate the User’s account without notice.
2.2 Governing Law
These Terms of Use are governed by Indian law, including, but not limited to:
- The Indian Contract Act, 1872
- The Information Technology Act, 2000
- The rules, regulations, guidelines, and clarifications under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (SPI Rules)
- The Information Technology (Intermediaries Guidelines) Rules, 2011 (IG Rules)
2.3 Intellectual Property
All content, including text, graphics, images, logos, button icons, software code, interface design, and the assembly of such content on the Platforms, is the property of Keitherns and is protected by applicable copyright, trademark, and other intellectual property laws. You may not modify, reproduce, display, publicly perform, distribute, reverse engineer, or otherwise use Keitherns content for any public, commercial, or personal gain.
2.4 Authorized Use
Keitherns grants you limited, revocable permission to access and use the Services for the purpose of identifying and purchasing Products, and processing returns and refunds in accordance with our Return and Refund Policy. This permission does not include any right to resell the Products or use Keitherns content for commercial purposes, including the collection of product listings, descriptions, prices, or any derivative use of the Platforms.
2.5 Visual Representations
We provide visual aids such as graphics, illustrations, photographs, images, videos, charts, and infographics to help Users identify Products. While we strive for accuracy, we do not guarantee that visual representations will perfectly match the delivered Product, which may vary for various reasons.
2.6 User Information and Registration
To make purchases, Keitherns may collect personally identifiable information, including your name, email address, phone number, postal address, and demographic profile. Registration on the Platforms is a one-time process, and you are responsible for maintaining the confidentiality of your username and password. If you forget your login details, you can retrieve and change them using the “forgot username/password” option on the Platforms.
2.7 Account Security
You are responsible for any risks, liabilities, and consequences if your account is accessed illegally or without authorization. Payments for Products purchased through unauthorized use of your account will be your responsibility.
2.8 Orders and Acceptance
Displaying Products on our Platforms is an invitation to offer. Your order constitutes an offer, which is subject to Product availability, Keitherns’s acceptance, and your adherence to these Terms of Use.
2.9 User Information Accuracy
You agree to maintain and promptly update your data to keep it accurate and complete. If you provide false or outdated information, Keitherns reserves the right to suspend, terminate, or block your access to the Platforms.
3. Third Party Information
3.1 Keitherns may provide links to third-party websites or resources for your convenience. You acknowledge and agree that Keitherns is not responsible for the availability or accuracy of such third-party websites or resources. Keitherns does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
3.2 You further acknowledge and agree that Keitherns shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.
4. Intellectual Property Rights
4.1 Unless otherwise stated, Keitherns Kids Solution LLP and/or its licensors own the intellectual property rights published on this website and materials used on Keitherns.com. You may view, download, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
5. Unlawful Or Prohibited Use
5.1 You are prohibited from using the Services for any unlawful purpose or in any manner that violates the rights of Keitherns or any third party.
5.2 Without limiting the foregoing, you agree not to:
5.2.1 Disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers, or networks connected to or accessible through the Services;
5.2.2 Access or attempt to access any information or materials other than those expressly authorized for use/access by you;
5.2.3 Disrupt or interfere with any other user’s enjoyment of the Services or affiliated or linked websites;
5.2.4 Upload or transmit viruses or other harmful, disruptive, or destructive files, materials, or code;
5.2.5 Use the Services for any illegal, fraudulent, or unauthorized purpose;
5.2.6 Violate any applicable laws or regulations in connection with the use of the Services;
5.2.7 Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services;
5.2.8 Transmit spam, chain letters, or other unsolicited communications.
6. Liability
6.1 To the fullest extent permitted by applicable law, Keitherns excludes all representations, warranties, obligations, and liabilities in connection with the Services or Products, whether arising from statute, contract, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
6.2 Keitherns shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, revenue, goodwill, use, data, or other intangible losses, arising out of or related to your use of the Services or Products.
7. Indemnity
7.1 You agree to indemnify and hold Keitherns and its affiliates, officers, directors, agents, and employees harmless from any claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
7.1.1 Your use of the Services or Products;
7.1.2 Your breach or violation of any of these Terms and Conditions;
7.1.3 Your violation of any rights of any third party, including without limitation any intellectual property right or privacy right.
8. Severability
8.1 If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
9. Term And Termination
9.1 These Terms and Conditions are effective unless and until terminated by either you or Keitherns. You may terminate these Terms and Conditions at any time by discontinuing your use of the Services and destroying all materials obtained from the Platforms.
9.2 Keitherns may terminate these Terms and Conditions immediately without notice if, in its sole discretion, you fail to comply with any term or provision of these Terms and Conditions.
10. Dispute Resolution and Governing Law
10.1 Any dispute relating to these Terms and Conditions shall be governed by the laws of India without regard to its conflict of law provisions.
10.2 Any legal action or proceeding arising out of or related to these Terms and Conditions or the Services shall be brought exclusively in the courts located in Bangalore, Karnataka, India, and you consent to the jurisdiction of such courts.
11. Waiver
11.1 The failure of Keitherns to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
12. Interpretation
12.1 These Terms and Conditions constitute the entire agreement between you and Keitherns regarding the use of the Services, superseding any prior agreements between you and Keitherns regarding the same subject matter.