OVERVIEW

Welcome to K-Hair Studio. This document is an electronic record and published in accordance with the Indian legislature, rules and laws, specifically under the Information Technology Act, 2000 and provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and terms of use for access or usage of K-Hair Studio as a platform- https://k-hairstudio.in/ (hereinafter referred to as “Platform“).

The Platform is owned by M/S K-Hair Studio India Private Limited, a company incorporated under the provisions of Companies Act 2013, CIN U51909MH2021PTC370157, having its registered office address at NL-5/17/2/12, Sector-3 Nerul, Mumbai City MH 400703 and branch office address at 610, JK Chambers, Sector-17,Vashi, Navi Mumbai-400703 (hereinafter referred as “K-Hair Studio”), pursuing the business of selling custom made, real human hair enhancement and restoration solutions for hair loss like wigs, hair toppers, partial hairpieces, hair extensions and hair replacement systems for women, men and children (hereinafter referred as “Products”).Your use of the Platform and services and tools are governed by the following Terms of Use (hereinafter referred as “Terms Of Use“) as applicable to the K-Hair Studio including the applicable policies which are incorporated herein by way of reference. By mere use of the Platform, You shall be contracting with K-Hair Studio, the owner of the Platform. These Terms Of Use including the policies constitute Your binding obligations with K-Hair Studio. For the purpose of this Terms Of Use, wherever the context so requires “You“, “Your”, “User” shall mean any natural or legal person who has agreed to become a buyer and has agreed to register himself/ herself/ itself on Platform for the purchase of Products sold by K-Hair Studio by registering on the Platform as a registered user (“Registered User”). The terms ” K-Hair Studio”, “Platform”, “We“, “Us“, “Our” shall mean K-Hair Studio and its successors and assigns.

Please carefully go through these Terms Of Use, Terms Of Use, Privacy Policy and Disclaimer made available at https://k-hairstudio.in/ before You decide to access or use the Platform. These Terms Of Use along with Privacy Policy and Disclaimer together constitute a legal agreement (“Agreement”) between You and K-Hair Studio in connection with Your access and use of the Platform which is conditioned upon Your agreement and compliance with all the terms, conditions, and notices contained or referenced in this Agreement as well as any other written agreement executed between Us and You. You shall either by clicking “Sign Up” or the “I Accept” tab at the time of registration page of the Platform, or through the continued use or accessing the Platform, You accept the Terms of Use and consent Your approval to the provisions of the terms as laid down herein below. If You do not agree and do not wish to be bound by this Terms of Use, You have no right to access or use the Platform and we request You to exit the Platform immediately on an immediate basis.  You use any of the services provided by Us through the Platform, including but not limited to purchasing the Product, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms Of Use and shall be considered as part and parcel of this Terms Of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms Of Use, at any time, without any prior written notification to You. You must ensure to review these Terms Of Use periodically for updates/changes. Your continued use of the Platform, following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms Of Use, We grant You a personal, non-exclusive, non-transferable, privilege to enter and use the Platform.

1. USING THE SERVICES

• As a User, You will be able to browse, view, purchase and use the Products and other customized services made available on the Platform (hereinafter referred to as “Services”). The Users can view all the Products; add the desired Products to the shopping cart; provide billing and shipping information; and execute payment for the desired Products on the Platform. However, during the check out, it is mandatory for Users to provide their registered and valid email Id, mobile number and such other additional information that maybe required for tracking and delivering purchase orders to You.
• In order to sign up and become a registered User on the Platform, You can access the account creation page on the Platform and enter Your personal details such as Your full and complete name, registered email Id, billing address and such other information as maybe required (hereinafter referred to as “Account”). Subsequent to the successful creation of Your Account, You may access and place orders on the Platform.
• On becoming a registered User with an active Account, You hereby represent and warrant to K-Hair Studio that:
• In case You are an individual, You represent that You are of legal age and competent to enforce contract as per applicable laws of India and have the authority to enter into this Agreement. K-Hair Studio reserves the right to terminate Your Account as a registered User and / or refuse to provide You with access to the Services if it is discovered that You are not of the legal age of contract, or that any information provided by You is inaccurate or fraudulent. It shall be Your sole responsibility to ensure that You meet all the eligibility criteria that is required to contract this Agreement with K-Hair Studio;
• All the information provided by You on the Platform, as and when required, including, but not limited to Your legal name, e-mail address, mobile number, password (that You will use to access the Platform), are accurate, authentic and complete; and that it is Your responsibility to update/ change, if any, all such information with K-Hair Studio, without causing any unnecessary delay. Failure to comply this provision may constitute as a breach of the Terms of Use, which at the discretion of the K-Hair Studio may result in immediate deletion/cancellation of the Account and suspension of the Your / User’s access to the Platform; and
• All the information provided by You, concerning Your shipping and billing information such as, full name, billing address, shipping address, banking account details like should be correct, verified and true at all times.
• You represent that You shall not use or attempt to use the Platform in violation of any applicable laws or any other code of conduct.
• You hereby understand and agree not to perform or attempt to perform the following actions:
• Create Account(s) for any other person or entity, without obtaining prior written permission from such other person or entity;
• Use the name or identity of any other registered User or other persons or entity with the intention to impersonate the identity of such other person or entity;
• Access the Account of any other registered User that is subject to any rights of a person or entity other than You, without appropriate written authorization from such a person or entity; or
• Sign in / Register the Account which can be construed as offensive, vulgar or obscene or otherwise unlawful in the eyes of a reasonable person.
• K-Hair Studio reserves the right to suspend or terminate your Account and/or Your access to the Platform and any of its Services, if it is found that any information provided by You proves to be inaccurate, not updated or incomplete. You must immediately notify K-Hair Studio of any unauthorized use of Your Account or any suspicious or unauthorized use of Your personal/financial details.
• K-Hair Studio reserves the exclusive and discretionary right to revise or amend the cost of any of its Products (and other Services) offered on the Platform, without incurring any obligation of notifying You in prior. Accordingly, whilst placing purchase orders with K-Hair Studio, You shall be obligated to pay for the Products (and other Services) at the revised or amended prices, as and when displayed on the Platform. However, Users who have already placed their orders with K-Hair Studio by paying the complete cost of the relevant Product (and other Services), along with Users whose orders are confirmed by K-Hair Studio, shall be exempted from paying the revised or amended prices, if any.

2. SERVICES OFFERED ON THE PLATFORM 

   The Services available on the Platform include the following:

• Signing Up:As mentioned above in this Agreement, Users may use the Services offered by K-Hair Studio upon creating the Account and registering themselves as registered User.
• Browse Products:You may browse and have access to view Products in the form of descriptive images and photographs, which are uploaded on the Platform only as a reference.
• Wishlist of Products: On signing up as a registered User, You will be able to view, select and add Products, create wish lists in the Account. It is understood that by the action of selecting or adding Products to the wish list, it shall not be construed by either party as the creation of purchase order with K-Hair Studio.
• Purchasing the Product/Add to Cart:Once You have selected the desired Product(s), size(s) and other requirements, You must click on the “Add To Cart” tab to include the desired Product(s) as the purchase order. Accordingly, the Platform will direct You to the “Shopping Cart”, displaying the final Product(s) for purchase as selected by You. The information displayed on this page will include details such as, the chosen size, description of the Product(s) selected, the unit price per Product, discount, if any, shipping/delivery charges, GST, other taxes and the total payable amount due by you (herein after referred as the “Expenses”). These Expenses must be borne by the Users, in the absence of which, K-Hair Studio shall not be liable for confirming or processing purchase orders of any Product(s). The total amount to be paid by You will be displayed at the end of the webpage.

In addition to the Expenses mentioned herein, You shall also be liable for the payment of international customs, taxes and local charges depending upon Your geographical location (hereinafter referred as “International and Local Charges”). K-Hair Studio shall not be liable for Your lack or failure of paying the International and Local Charges to the appropriate authorities. You shall, at all times, be held liable for paying International and Local Charges and its related penalties, if any. In addition, if for any reason whatsoever, You fail to pay for the International and Local Charges, K-Hair Studio shall, not be obligated, any more for shipping and/or delivering the purchased Product(s) to You. On the date and time of delivery of Your Product(s), K-Hair Studio or the shipping/delivery partner, as the case maybe, shall provide You with the final receipt/invoice, with full and final breakup of the amount charged by K-Hair Studio. However, this breakup shall not mention banking charges paid by You towards the authorised bank, currency differences, other financial or intermediaries charges paid by You, at the time of payment.

All purchase orders, including Expenses displayed on the Platform, must be paid in the Indian currency only. As mentioned before, the currency difference in the total sum charges, if any, must be borne by You at actuals. For Your easy understanding, the currency conversion rate might be displayed on the Platform. Thereafter, You will be required to fill in details regarding the shipping method and lastly review the order and then make an online payment via payment gateway provided as mentioned in clause 5.3 of this Agreement.

The Users are hereby made aware that the Company does not entertain / accept any exchange and/or cancellation and or refund requests for deliveries made outside India and thus all the Users shall bear this provision in mind while shopping with the Company. However, the eligibility and other criteria for exchange and cancellation requests applicable for domestic orders are mentioned in the Exchange Policy of clause 6 and Cancellation Policy of clause 7 of this Terms of Use respectively.

• Insurance: The Company does not hold and shall never hold insurance of any kind, towards any Product(s) delivered to You.
• Product accuracy:We strive for high degree of image accuracy and verify the dimensions of all Products on the Platform. However, as the Products are handmade by K-Hair Studio and are a work of originality, there may be some differences in the visual rendering of images when seen on different devices. Thus, it may happen in some cases, that the colour shades, may not be as exact as the images shown on the Platform. We have made every effort to display colours and images of our Products as accurately as possible that appear at the store/warehouse of K-Hair Studio. We cannot guarantee that Your electronic device, used whilst accessing the Platform, will be able to display of Our Product’s colours accurately. Moreover, We reserve the discretionary right to limit and restrict the sale of any Products or Services to any person, entity, geographic region or jurisdiction, without the obligation of providing any reason or justification for the same. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any Products or Services that K-Hair Studio offers on the Platform. Additionally, We reserve the right to discontinue any Product on the Platform, at any time, without having the obligation to notify You in prior.

3. THE CODE OF CONDUCT FOR USING THE PLATFORM 

   Your use of the Platform shall be subject to the following restrictions that must be obeyed by You, at all times:

• You shall not delete or edit or attempt to delete or edit any content made available by K-Hair Studio or its agents on the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
• You shall not perform or attempt to perform any activity with the intention to decompile, reverse engineer, or disassemble any part of the Platform, or remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use the Platform in any manner that may be harmful to the operation of the Platform or its content;
• You will not use the Platform and/or Services in any way that is unlawful, or harms or can potentially harm K-Hair Studio or any other person or entity associated with it;
• You shall not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” or any other similar activity that can possibly harm, affect or disturb the business operations or reputation of K-Hair Studio and/or the Platform.
• You shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person or entity and to which You do not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person or entity’s privacy; hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

4. GRANT OF RIGHTS

• Platform content and usage: The Platform is owned and operated by K-Hair Studio. We own all rights, title and interest, including all the intellectual property rights belonging to K-Hair Studio such as copyright, trademarks, trade secrets, and other proprietary rights in and to the Platform is, software therein, the present or future modifications / upgrades thereof and standard enhancements thereto. All images uploaded by K-Hair Studio on the Platform are the exclusive property of K-Hair Studio or has been duly given to K-Hair Studio under license or otherwise, by the content owners or creators and is protected by international copyright laws. The arrangement and compilation present on the Platform is K-Hair Studio’s exclusive property and is protected by international copyright laws. All names, logos, product and service names, designs and slogans made available on the Platform are the trademarks of their respective owners till the time the same are not used or purchased by the User.
• Intellectual Property Rights: K-Hair Studio solely owns and manages all the intellectual property rights, whether registered or unregistered, including the trademark, wordmark, logos, copyrights, either for K-Hair Studio’s websites or the packaging and design of the Products, patents if any, with respect to the Products displayed and sold on the Platform. However, even upon becoming the lawful owner of the Product(s), You are strictly prohibited from reproducing or reselling or redistribution of the Product(s) with commercial exchanges, without expressly obtaining ownership rights from K-Hair Studio. You agree and understand that the Services of K-Hair Studio offered on the Platform herein, are for end-to-end customers only and that legal actions can be initiated against You in any event of unauthorised reproductions of the Product’s print caused or instructed by You.
• Limited License to use the Platform:We grant You a non-exclusive, personal, non-transferable, revocable and limited right to have access and make personal use of the Platform and the Services offered therein. However, this access is valid only till the duration You are registered as a valid User on the Platform. You are, however, not permitted to reproduce, duplicate, copy, sell or otherwise exploit the Platform or any Products, Product image, Product listing, Product description, Product price, page layout, page design, trade dress, trademark, logo or other content displayed on the Platform for any commercial purpose, except as expressly provided. You shall not copy, make derivative works, transmit, post, link, deep link, redistribute, sell, decompile, modify, reverse engineer, translate, or disassemble the software embodied in the Platform.

5. SHIPPING AND DELIVERY POLICY 

   Users must make themselves aware and acknowledge to K-Hair Studio ’s below mentioned Cancellation Policy, Exchange Policy and Refund Policy before placing purchase orders on the Platform. For shipping and delivering the Products, K-Hair Studio follows the following protocols which the User understands and agrees to:

• Depending upon the stock availability with K-Hair Studio, the Products ordered by Users on the Platform will be confirmed by Us and shipped via the standard shipping method, within 7-14 (seven – fourteen) working days of receiving the orders.However, in case You wish to expedite the shipping period, You can send Us an email at [email protected] mentioning the order details and mode of payment chosen. Upon receiving such requests, K-Hair Studio will share with You the final details of the expedited shipping, including the estimated time of shipping, mode of shipping, additional cost and the like. This cost of expediated shipping is born and must be pre-paid by You in Indian currency only. You are liable to pay this amount either from the payment gateways made available on the Platform or via bank transfer, as the case maybe. Once the payment is received and confirmed by K-Hair Studio, We shall initiate the expedited shipping process of such Product(s). You must herein note that the Services of availing this expedited/faster shipping procedure and related payment details can only be initiated by K-Hair Studio upon receiving a written request by You, in the absence of which, neither K-Hair Studio nor any of its affiliates are liable for processing such Products under the expedited/faster method. Users are aware and understand herein that K-Hair Studio holds discretionary rights to cancel purchased Products as per the Cancellation Policy mentioned in this Terms Of Use.
• The purchase Products confirmed by K-Hair Studio will be processed for shipping from the warehouse of K-Hair Studio to the address mentioned in the order within a tentative time frame of 10-15 (Ten – Fifteen) days, depending on Your geographical location.
• All the Expenses and International and Local Charges, as mentioned in clause 2.5 of this Terms Of Use, shall, at all times, be borne by You and must be paid at the time of placing purchase orders on the Platform. You are hereby directed to only make use of the specified payment mechanism mentioned in clause 5.4 of this Terms Of Use.
• The Payment mechanism available on the Platform:

The final amount due for purchasing the Products, including the cost of Expenses and International and Local Charges as mentioned this Terms of Use, must be paid via online payment facility available on the Platform. In order to process online payments, support and services of third parties and intermediaries are required. Further, in order to process international transactions in different currencies, the Platform accepts payment from credit and debit cards, including razorpay. However, K-Hair Studio is not responsible for any financial loss or damage caused to You while using the payment mechanism on the Platform as these third parties and intermediaries as these third party intermediates are beyond the control and supervision of K-Hair Studio.

Note that, K-Hair Studio may in exceptional cases, accept payment for Product(s) via bank transfers. However, such requests can be confirmed only upon receiving a written request made at [email protected] and on Our further discretionary right to accept such requests.

• Users are aware and completely understand that unless and until all Expenses are paid by the Users and are as per the terms of this Terms of Use, K-Hair Studio shall not be liable for either confirming or processing any purchased Products.
• You are solely responsible for the payment of Your taxes, legal compliances, statutory registrations and reporting including International Customs and Local Charges, if any. K-Hair Studio shall not be responsible, in any manner for tax obligations or other related compliances, except for its own income tax and other statutory obligations.
• The User shall be notified by email and/or text messages, as the case maybe, regarding the confirmation, processing and shipping of the confirmed orders.

6. EXCHANGE POLICY

• As manufacturing defects are not easily identified in the Product(s) sold on the Platform, We only accept requests of Exchange for the Products purchased by the User strictly on the following occasions:
• A wrong Product has been dispatched or shipped or delivered to the User; or
• If the Product is delivered in a defective or in damaged condition; and
• If the User desires to obtain any other Product, in exchange for the Product (hereinafter referred as the “Alternative Product”) mentioned in the above occasions i.e., clause 6.1 (a) and(b) of this Terms Of Use.
• If the Products(s) delivered to Users are within India. The Company does not accept any requests of exchange for international orders.

The eligibility criteria mentioned herein for initiating the Exchange of the purchased order Products are limited and exhaustive and Users shall not be allowed for initiating the   exchange requests for any reasons other than the criteria mentioned in this clause, whatsoever.

• If the User is eligible to initiate the request for Exchange for the purchased Products, as mentioned above, Users must strictly meet the additional Exchange conditions, mentioned below:
• User must be able to prove the defect/ damage/ wrong/ incorrect Product(s) provided by the Company sending photographs and/or videos capturing the manufacturing or delivery defect, incorrect Product, as the case maybe, and send such photographs or videos to K-Hair Studio via email at _____@____________.com.
• The defective/ damaged/ incorrect Products must be packed and kept in the original condition along with the price tags and packaging items including tags, barcodes, accessories, manuals, shipping labels (as pasted on the packet), invoice, etc wrapped in corrugated sheet, craft paper, shrink wrap, bubble wrap for the protection safe return journey of the Product, even if the said Product is broken, damaged, or defected.
• The Product to be exchanged, must be placed in original condition as it were, at the time of delivery, which includes that the Product(s) shall not be washed, ironed, brushed, cut, or changed in any form or colour, whatsoever.
• Request for initiating Exchange must be made within 2 (Two) working days from the date of delivery to the User. The time frame starts from the date the Product was delivered as per the confirmation received from Our logistics team or courier partners.
• The Product desired to be Exchanged shall be couriered by the Users to the Company at the address provided in clause 16.2 of this Agreement. Under no circumstances shall the Company be liable to pick the said Products from the Users.
• Users will not be levied any additional cost, in the nature of convenience fee, for initiating a request of and Exchange under this Agreement.
• The alternative Product(s) placed under Exchange Policy will be shipped to the User, within the tentative time frame of 15-20 (Fifteen-Twenty) days, depending on the User’s geographical location. The time frame begins from the date K-Hair Studio receives the wrong or defective Product, as the case maybe, at its warehouse.
• Exchange for Alternative Products: If the User desires to Exchange any of the Alternative Products mentioned in clause 6.1 (a), (b) and (c) of this Terms Of Use, the User can such initiate request of Exchange on the Platform. Users must note that the price of such Alterative Products should be either of the same value or more than the original Product. If the price of the Alternative Product is more than the original Product ordered on the Platform, You shall be responsible for paying the balance amount at the time of placing the Exchange request. If the price of the Alternative Product is less than the original Product, K-Hair Studio shall refund the differential amount in the form of store credits to the User. The tenure of these store credits shall be valid till one (1) year only, beyond which, K Hair Studio shall not be liable. The issuance of store credits amount shall be processed by K-Hair Studio within 5-10 (Five-Ten) business days of receiving the Exchange request.
• Users must note that all the conditions mentioned above for initiating Exchange request is absolute, complete and must necessarily be complied by Users, failing which K-Hair Studio holds the absolute right to reject or cancel the Exchange request initiated by the User.
• The Company is under complete autonomy to reject the Exchange request made by the Users if the Products are not in compliance of any of the provisions of this Agreement.

7. CANCELLATION POLICY 

   As an organization, we believe in 100% customer satisfaction and offer a cancellation policy on the following mentioned occasions:

• In case You wish to cancel any Product order, for any reason, whatsoever, kindly write to Us at [email protected] within 48 (Forty Eight) hours of placing the order, along with the order number in the subject line and we will assist you in the procedure. Note, that the requests for cancelling the orders shall not be accepted after this time period of 48 (Forty Eight) hours. The time period of cancelling the orders shall begin from the time of placing the said order on the Platform. No request of cancellation will be entertained by K-Hair Studio once the cancellation period, as mentioned above, expires.
• Users must note that even though the availability of Products are displayed on the Platform and are updated in real time, it may so happen, that certain Product(s) may not be processed for delivery due to non-availability or non-shipping to certain locations or any other unforeseen situation. Thus, purchase orders placed for any of such Product(s) maybe cancelled by K-Hair Studio, at its sole discretion. In such events, K-Hair Studio shall notify the User within 48 (Forty Eight) hours of receiving the order and shall further initiate the refund amount of such Product(s) as per this Terms of Use.

8. REFUND POLICY 

   Once the Product(s) are purchased and placed by the User on the Platform, K Hair does not provide monetary refund for any of its Products. Nevertheless, as mentioned before, the Users can initiate Exchange requests in line with clause 6.1, 6.2(h), 6.3 of this Terms of Use and/or initiate request for Cancellation in line with clause 7 of this Terms of Use.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

• K-Hair Studio does not guarantee, represent or warrant to You that Our Service or any use of the Platform will be uninterrupted, timely, secured and error-free.
• K-Hair Studio does not warrant that the results obtained from the use of the Platform will be accurate or reliable.
• You agree that from time to time, We may remove any of the Services available on the Platform, for indefinite periods of time or cancel any of the Service, without providing any prior notice to You.
• You expressly agree that Your use of or inability to use the Service is at Your sole risk.
• The Services and all Products delivered to You through the Platform are, except as expressly stated by Us, provided on an ‘as is’ and ‘as available’ basis, for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• In no case shall K-Hair Studio , its directors, officers, employees, affiliates, agents, contractors, employees, interns, suppliers, vendors, delivery personnel, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation to the lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the service or any Products procured using the service, or for any other claim related in any way to Your use of the service or any product, including, but not limited to, any errors or omissions in any Product, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or Product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

 

10. INDEMNIFICATION 

    You agree to indemnify, defend, and hold harmless K-Hair Studio, its affiliates, employees, partners, artist and agents, from and against any and all damage, liability, claims, demand, actions, suits, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, arising out of or occurring in connection with:

• Your access to or use of the Platform, Services, or Your violation of this Terms Of Use, including the Privacy Policy and Disclaimer;
• Any breach by You of any representations or warranties contained in this Terms Of Use;
• Violation or infringement of any third party right, any copyright, proprietary, intellectual property, or privacy right due to the User Information uploaded by You on the Platform.

11. THIRD PARTY LINKS

• The Platform and Services may contain links to certain third-party websites or resources. You acknowledge and agree that K-Hairs Studio is not responsible or liable, in any manner for the availability or accuracy, validity and functionality of such websites or resources and their content and Services.
• K-Hair Studio does not create or imply any endorsement or business relations or agreements with such third party links and their website or resources or content or process displayed on such third party links.
• You acknowledge the sole responsibility for and assume all risk arising from Your use of any such websites or resources or the content, products or Services on or available on such third party links.

12. TERMINATION / MODIFICATION / SUSPENSION

• K-Hair Studio may at any time, terminate this legal Agreement with You, if You have breached any provision of this Terms of Use and/ or have acted in any manner which may be constituted that You do not intend to, or are unable to comply with the provisions of Terms Of Use.
• If You wish to cease any further use of the Platform, You can do so by deleting Your Account from the Platform. For this clause, the User maybe allowed to sign in and use the Platform on signing up again as a Registered User, unless such User is barred from accessing the Platform for any other reason that is provided in this Terms of Use.
• We may update or change Platform, or the Services offered therein from time and again and would recommend that You review the updated Terms on a regular basis. You understand and agree that Your continued use of the Platform revising the Terms of Use constitutes as Your acceptance of the revised Terms Of Use.
• Upon termination of your Account by K-Hair Studio or on deletion of the Account by You, Your right to use the Platform or Services offered therein shall automatically terminate. You acknowledge and agree that Your right to use the Platform or Services offered therein is conditional upon your adherence to the Terms Of Use and continuous activation of Your Account, and payment of fees, if applicable. In the event of Termination or deletion of the account, We will not have access to Your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in possession of K-Hair Studio. This policy is made in lieu of K-Hair Studio ’s Privacy Policy and Disclaimer which the User is aware of and in consent with.
• You further acknowledge and agree that K-Hair Studio shall not be liable to You or any third party for any termination of your access to the Platform. You agree to indemnify and hold K-Hair Studio and its officers, managers, members, affiliates, successor, assigns, partners, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Terms of Use.

13. NON-REPRODUCTION AND RESELLING OF THE PRODUCTS 

    You are strictly prohibited from reproducing, or reselling, or distributing the Product(s) or any part of it, without obtaining express ownership rights from K-Hair Studio. You agree and understand that the Products (and Services) of K-Hair Studio offered on the Platform herein, are for end-to-end consumers only and that legal actions can be initiated against You in any event of unauthorised reproductions or reselling or redistribution of the Products caused or under Your instruction.

14. GOVERNING LAW AND JURISDICTION 

    These Terms Of Use, Privacy Policy and Disclaimer shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Navi Mumbai. The place of jurisdiction shall be exclusively in Navi Mumbai.

15. ARBITRATION

• Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of Platform or Services offered therein or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996, along with all amendments.
• The venue of such arbitration shall Navi Mumbai. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

16. MISCELLANEOUS PROVISION

• Assignment: This Agreement, and any rights and licenses granted hereunder, shall not be transferred or assigned by You, but may be assigned by K-Hair Studio to a third person, without restriction.
• Notices: All notices and communications shall be in writing, in English language and shall deemed given (a) if delivered personally or by commercial messenger or courier service or mailed by registered or certified post (return receipt requested) or (b)sent via e-mail communication (with acknowledgment of complete transmission) to K-Hair Studio at [email protected] or (c) at the address posted on the Platform. Notice shall be deemed to have been served 48 (Forty Eight) hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by e-mail, it comes to the knowledge of the sending party, that the e-mail address is invalid.
• Waiver: No waiver of any term of these Terms Of use shall be deemed a further or continuing waiver of such term or any other term, and K-Hair Studio ‘s failure to assert any right or provision under these Terms Of Use shall not constitute a waiver of such right or provision
• Force Majeure: K-Hair Studio shall not be liable for any downtime or delay or unavailability of the Platform or delivery of Products and other Services caused by circumstances beyond K-Hair Studio’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, pandemic, epidemic, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
• Entire Agreement: The Terms Of Use contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Terms of Use other than those contained or referenced in this Terms of Use.

17. Grievance Officer: 

    In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:Mr. Mukesh D.
    Designation: Chief Grievance Officer, Mumbai
    Email: [email protected]
    Time:10.30 a.m. to 6.30 p.m.