Hobo Bags – Page 2 – House of Kosha

Welcome to House of Kosha! The following terms and conditions constitute an agreement between you and House of Kosha (“HOK”, “we,”, “us” or “our”), the brand owned and managed by House of Kosha, a company registered under the laws of the Republic of India, at 2nd floor 20 SSI Industrial Area, GT Karnal Road, Jahangipuri Near Jahangipuri Metro station- 110033, India [GSTIN: 07AAQFH1975H1ZZ], and the operator of www.houseofkosha.in (the “Website”). These terms and conditions govern the services provided by us through this Website or through other mediums including, the HOK Instagram handle [houseofkosha.in], the HOK Facebook page or any other platform used by HOK. The term “user”, “you” or “your” refers to any user/viewer of this Website, his/her representatives or affiliates; and any person availing our services through this Website, our Instagram handle or any other medium. The term “third party” refers to any person, natural or juristic, other than HOK and the User. 1. General This agreement governs your use of the Website, both as an unregistered visitor and as a registered user. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with HOK and fully able and competent to abide by and comply with all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Website. BY USING THE WEBSITE, AND/OR BY REGISTERING WITH US, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AS WELL AS THE PRIVACY POLICY. 2. Services The services provided by HOK include design, manufacturing, assembling, branding and sale of the apparel and other products listed on this Website, the HOK Instagram handle [houseofkosha.in], the HOK Facebook page or any other platform used by HOK (“Services”). 3. Intellectual Property Unless otherwise stated, the Website and material on the Website are the exclusive intellectual property of House of Kosha. All rights with respect to such intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not: a) republish material from this Website (including republication on another website); b) sell, rent or sub-license material from the Website; c) reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; d) edit or otherwise modify any material on the Website; or e) redistribute material from this Website (except for content specifically and expressly made available for redistribution). 4. Restrictions of Use You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent. You must not use our Website for any purposes related to marketing without our express written consent. 5. Restriction of Access Access to certain areas of our Website is restricted. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion. We may disable your user ID and password in our sole discretion without notice or explanation. 6. Limitation of Liability To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Website, whether express or implied, and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). We provide the Website and the services “AS IS”, “with all faults” and “as available.” We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the Website, including without limitation any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements. Our liability to you in relation to the use of our Website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows: a) To the extent that the Website and the information and services on the Website are provided free-of-charge, we will not be liable for any loss or damage of any nature; b) We will not be liable for any consequential, indirect, remote or special loss or damage; c) We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; d) We will not be liable for any loss or damage arising out of any failure or delay, caused due to an event or events beyond our reasonable control, including but not limited to any force majeure events, such as, any earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott; e) We will not be liable for any loss or damage arising out of any failure or delay, caused due to any act of the government, including a lockdown owing to any reason whatsoever. f) Subject to point a) to e) above, our maximum liability in relation to any loss or damage shall be limited to the amount paid, excluding shipping and handling, for the product(s) purchased from HOK; and such amount shall be treated as the “genuine pre-estimate” of loss, subject to proof of loss or damage, in accordance with law. You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Website or these terms of use. 7. Indemnity You hereby indemnify us, our licensors and service providers, and ours and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (“Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of (a) any breach by you of any provision of these terms of use; (b) your use of the Website, or (c) any warranties, representations and obligations under these terms of use and/or the Privacy Policy; (d) infringement and/or passing off of any intellectual property or other proprietary right of any person or entity; or (e) any claim or judgment of any court/tribunal, that you have breached any provision of these terms of use and/or the Privacy Policy. 8. Breach of these Terms & Conditions Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may: a) send you one or more formal warnings; b) temporarily suspend your access to the Website; c) permanently prohibit you from accessing the Website; d) block computers using your IP address from accessing the Website; e) contact your internet services provider and request that they block your access to the Website; f) bring court proceedings against you for breach of contract or otherwise; g) suspend and/or delete your account with the Website; and/or Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account). 9. Third Party Websites Our Website may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 10. Trade Marks All rights in “House of Kosha” word mark, the domain name www.houseofkosha.in and our logo/monogram are owned by us. We give no permission for the use of these trademarks, and any such use may constitute an infringement/passing off of our rights in these intellectual properties. The other registered and unregistered trademarks or service marks on our Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such, we cannot grant any license to exercise such rights. 11. Amendments to the Terms and Conditions We reserve the right to amend, revise, modify, edit or delete our Services or the Website (or any portion thereof), without prior notice. Revised terms of use will apply from the date of the publication of such revised terms of use on our Website. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Website implies acceptance of any revised terms of use. 12. Assignment & Sub-Contracting We may sub-contract, assign, delegate or otherwise transfer our rights, remedies and obligations under these terms of use without notifying you or obtaining your consent. You may not sub-contract, assign, delegate or otherwise transfer your rights, remedies and obligations under these terms of use, without our express written consent. 13. Waiver & Severability If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to remain in effect. If any provision is declared unlawful and/or unenforceable in-part, then that part will be deemed to be deleted and upon deletion of such part, the rest of the provision would be lawful and/or enforceable and will continue in effect. No waiver by us of any term set forth in these terms of use shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure by us to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision. 14. Third Party Benefits Except as otherwise set forth herein, these terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party. 15. Entire Agreement These terms of use, together with our Privacy Policy, cookie policy, and other policies mentioned in these terms of use, constitute the entire agreement between you and us in relation to your use of our Website, and supersedes all previous agreements, understandings, representations and warranties (both oral and written) in respect of your use of this Website. 16. Privacy HOK respects your privacy. All information we collect is subject to our Privacy Policy, that is expressly incorporated into these terms and conditions by this reference. By using the Website, you consent to all actions taken by us with respect to your information, in compliance with the Privacy Policy, that can be freely accessed on this Website. 17. Compliance with Law These terms of use and the services provided by HOK are subject to and in compliance with the applicable laws of the Republic of India. 18. Governing Law and Jurisdiction These terms of use shall be governed by and construed in accordance with the laws of the Republic of India and you submit to the exclusive jurisdiction of the courts in the Republic of India. Any dispute between you and HOK, arising out of, pursuant thereto, or in relation to or in connection with these terms and/or the Privacy Policy, including any question regarding its existence, validity or termination, shall be settled by arbitration, by a sole arbitrator, in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and the award made in pursuance thereof shall be binding on you. The seat and venue of the arbitration shall be Rohini, New Delhi. The language of the arbitration shall be English. The performance under this contract shall not stop for any reason whatsoever during the pendency of the said dispute/arbitration proceedings, unless this agreement is specifically terminated by you or HOK. 19. Deemed Place of Execution of this Agreement Notwithstanding the place of signing/acceptance of these terms or the place where you actually and voluntarily reside, or carry on business, or personally work for gain, this agreement shall be deemed to have been executed at Rohini, New Delhi, India. 20. Cessation HOK reserves the right to suspend or discontinue, temporarily or permanently, or cease its operation, Services and/or the functioning of this Website at any time, at its sole discretion and without any prior notice. 21. Questions If you have any questions or comments regarding these terms and conditions or the Website, please feel free to contact us at contact@houseofkosha.in.