terms & conditions

Welcome to kinstruto.com. MS VENTURES and its affiliates, through Shopify, provide access to the kinstrukto.com website (the “website”) to you subject to the conditions set out on this page.
Please read these conditions carefully before using the kinstrukto.com website. By using the kinstrukto.com website, you signify your agreement to be bound by these conditions.
These “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

 Conditions relating to your use of kinstrukto.com

  1. Privacy
Please review our Privacy Notice, which also governs your visit to kinstrukto.com, to understand our practices. The personal information / data provided to us by you during the course of usage of kinstrukto.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
  1. Access to kinstrukto.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
  1. Licence for website access
Subject to your compliance with these Conditions of Use, MS VENTURES grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of MS VENTURES and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of MS VENTURES and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of kinstrukto.com and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising MS VENTURES's or its affiliates' names or trademarks without the express written consent of MS VENTURES and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by MS VENTURES and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to kinstrukto.com as long as the link does not portray MS VENTURES, kinstrukto.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any kinstrukto.com logo or other proprietary graphic or trademark as part of the link without express written consent of MS VENTURES and / or its affiliates, as may be applicable.
  1. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not kinstrukto.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
    • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
    • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
    • to cause annoyance, inconvenience or needless anxiety
  1. Reviews, comments, communications and other content
Users of this website may submit reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, kinstrukto.com / MS VENTURES reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of kinstrukto.com violates these Conditions of Use and / or terminate your permission to access or use this website.

If you do submit content / material, and unless we indicate otherwise, you
(a) grant MS VENTURES and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) grant MS VENTURES and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to MS VENTURES, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to kinstrukto.com:
(i) the content and material is accurate;
(ii) use of the content and material you supply does not breach any applicable kinstrukto.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);
(iii) the content is lawful. You agree to indemnify MS VENTURES and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
  1. Claims against objectionable content
If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ("Objectionable Content"), please notify us immediately on hello@kinstrukto.com with subject line “Objectionable Content Found on Website”.
  1. Copyright, authors' rights and database rights
Unless specified otherwise or apparent, all content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of MS VENTURES and / or Shopify.com, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of MS VENTURES and its affiliates and is protected by laws of India and international copyright and database right laws.

You may not systematically extract / or re-utilise parts of the contents of the website without MS VENTURES and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without MS VENTURES and / or its affiliate's (as may be applicable) express written consent.
  1. Intellectual property claims
MS VENTURES, its promoters and affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please notify us on hello@kinstrukto.com with subject line “IP Infringement”.
  1. Trademarks
“Kinstrukto”, “Kinstruktors”, “Kinstrukt” and other marks indicated on our website are trademarks or registered trademarks of MS VENTURES and / or its promoters / affiliates (“MSVT Group”). Kinstrukto.com graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of MSVT Group. MSVT Group trademarks and trade dress may not be used in connection with any product or service that is not MSVT Group’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MSVT Group. All other trademarks not owned by MSVT Group that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the MSVT Group.
  1. Disclaimer
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.
  1. Indemnity and release
You shall indemnify and hold harmless MSVT Group their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
  1. Children
Use of kinstrukto.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use kinstrukto.com only with the involvement of a parent or guardian.
  1. Other businesses
We may provide links to the websites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. MSVT Group does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.
  1. Communications
When you visit kinstrukto.com, you are communicating with us electronically. You will be required to provide a valid phone number and / or email address while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
  1. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
  1. Alteration of service or amendements to the conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
  1. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
  1. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
  1. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the competent court(s) at Mumbai.
 

Conditions of Sale


Please read these conditions carefully before placing an order for any products with kinstrukto.com / MS VENTURES ("We" or "Our" or "Us", wherever applicable). These conditions signify your agreement to be bound by these conditions.
  1. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by us to you.
  1. Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.

Your contract is with us and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
  1. Pricing and Availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable, unless stated otherwise.
  1. Children
Use of kinstrukto.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
  1. Communications
When you visit kinstrukto.com, you are communicating with us electronically. You will be required to provide a valid phone number and / or email address while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
  1. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
  1. Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
  1. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
  1. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
  1. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.

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