These terms and conditions mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and/or register on the website ‘www.KibiFoods.com’ (licensed by Kibi Foods) operated and managed by Kibi Foods (“Kibi Foods” or “Us” or “Our” or “We”), collectively referred to as, “the Platform”. The Platform acts as a mere facilitator between the sellers registered on the Platform (“Seller”) and buyers purchasing or interested in purchasing the products sold under the brand name/trademarks of Kibi Foods (“KIBI FOODS”) available for sale on the Platform (“Products”).
By accessing the Platform, registering on the Platform, taking any action on the Platform and /or using our services offered on the Platform, You accept these Terms and Conditions and the Privacy Policy and agree to be legally bound by the same. These Terms and Conditions apply to all users of the Platform, including users who are browsers, Sellers, customers, merchants and/or contributors of content. You acknowledge that the Terms and Conditions and the Privacy Policy constitute an agreement between You and KIBI FOODS. Please read the Terms and Conditions and Privacy Policy carefully before using or registering on the Platform or accessing any material or information through the Platform.
KIBI FOODS retains an unconditional right to modify or amend the Terms and Conditions without any requirement to notify You of the same. Any new tools, features or offers which are added to the Platform shall also be subject to the Terms and Conditions. It shall be Your responsibility to check the Terms and Conditions periodically for changes. Your acceptance of the amended Terms and Conditions shall signify Your consent to such changes and agreement to be legally bound by the same.
User Account, Password and Security
In order to purchase the Products on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and other details as may be required on the Platform and create an account (“Account”).
You shall ensure and confirm that the Account Information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if KIBI FOODS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KIBI FOODS has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that KIBI FOODS may have against You at law or in equity, for any misrepresentation of information provided by You.
You will be responsible for maintaining the confidentiality of Your Account information and are fully responsible for all activities that occur under Your Account. You agree to, (a) immediately notify KIBI FOODS of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. KIBI FOODS cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by KIBI FOODS or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
Use of another User’s Account information for shopping on the Platform is expressly prohibited.
Payment Services
All payments in respect of the Products shall be made to KIBI FOODS through the Platform. To the extent permitted by applicable law and subject to KIBI FOODS’s Privacy Policy, You acknowledge and agree that KIBI FOODS may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that:
You are legally authorized to provide such Payment Details;
You are legally authorized to perform payments using such Payment Details; and
such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law.
You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. KIBI FOODS shall use the Payment Details as described in KIBI FOODS’s Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
The payment receipt for completion of a transaction shall be made available on the Platform and also sent to Your email address.
Except to the extent otherwise required by applicable law, KIBI FOODS is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, KIBI FOODS is not liable for any payments that do not complete because:
Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;
You have not provided KIBI FOODS with correct Payment Details;
Your payment card has expired; or
Circumstances beyond KIBI FOODS’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
The Platform shall not be responsible for any unauthorized transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
All information that is collected at the time of payment, like card details, names, passwords etc. is encrypted using Secure Socket Layer (SSL) coding.
Pricing and Modifications
The price of the Products displayed on the Platform shall be either equal to or less than the Maximum Retail Price (“MRP”) printed on such Products. If no such MRP is printed on such Products then such Products shall be sold at such price as may be determined by the Seller and as set out on the Platform. Prices for the Products are subject to change without any notice.
We reserve the right to modify or discontinue service and/or Product (or any part or content thereof) without notice at any time. We shall not be liable to You or any third party for any modification, price change, suspension or discontinuance.
Any order/booking made for a Product through the Platform may be subject to additional terms and conditions (including offers, discount and sales schemes/ campaigns offered from time to time, delivery charges) mentioned therein, which You are presumed to have read and accepted at the time of placing the order/booking.
There may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after You have submitted Your order).