TERMS AND CONDITIONS
Introduction
Welcome to Kambolam .
Kambolam was a vision to make an online platform useful & affordable for sellers and buyers and offer quality
service in enabling digital trade to a wider audience in Kerala. We support the
cause Shop local spend local. This platform provides Delivery and take away
options for the stores , and stores can decide the service type and area of
operation. For customers or end users it is a one stop shop for your local
market.
End users are requested to check the service
offered and location restrictions before placing an order.
By
accessing www.Kambolam.com and its related websites, services, applications or
tools (Collectively referred to as "Kambolam") you are agreeing to the following terms,
including those available by hyperlink, which are designed to make sure that Kambolam
works for everyone. Kambolam is a registered trademark. These Terms of Use
constitute a legally binding agreement between you and Kambolam.com and are effective
as of 1st January 2018 for current users, and upon acceptance for new users.
You accept these Terms of Use by clicking the "Register" button when
registering a Kambolam account and by otherwise accessing or using the Kambolam
websites, services, applications and tools; or as otherwise indicated on a
specific site, service, application or tool.
Using Kambolam
As a condition of your use of Kambolam (including Kambolam.com and its
related websites, services, carkambolam.com applications and tools) you agree
that you will not:
• violate any laws;
• violate the Posting Rules;
• post any threatening, abusive, defamatory,
obscene or indecent material;
• post or otherwise communicate any false or
misleading material or message or products of any kind;
• infringe any third-party right;
• distribute spam, chain letters, or promote
pyramid schemes;
• distribute viruses or any other technologies
that may harm Kambolam or the interests or property of Kambolam users;
• impose or contribute to imposing an
unreasonable load on our infrastructure or interfere with the proper working of
Kambolam.com;
• copy, modify, or distribute any other person's
content without their consent;
• use any robot spider, scraper or other
automated means to access Kambolam and collect content for any purpose without
our express written permission;
• harvest or otherwise collect information about
others, including email addresses, without their consent;
• copy, modify or distribute rights or content
from the Kambolam site, services, applications or tools or Kambolam's
copyrights and trademarks;
• harvest or otherwise collect information about
users, including email addresses, phone number, without their consent
• bypass measures used to prevent or restrict
access to Kambolam;
• Sell any counterfeit or stolen items or
otherwise infringe the copyright, trademark or other rights of third parties.
You are solely responsible for all information
that you submit to Kambolam and any consequences that may result from your
post. We reserve the right at our discretion to refuse or delete content that
we believe is inappropriate or breaching the above terms. We also reserve the
right at our discretion to restrict a user's usage of Kambolam either
temporarily or permanently, or refuse a user's registration. If we believe that
you are breaching these Terms of Use in any way and/or behaving suspiciously on
the Kambolam websites, services, applications or tools, we may, at our
discretion, inform other Kambolam users that have been in contact with you and
recommend that they exercise caution.
Abusing Kambolam
Kambolam and the Kambolam community work
together to keep the Kambolam websites, services, applications and tools
working properly and the community safe. Please report problems, offensive content
and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue
warnings, limit or terminate our service, remove hosted content and take
technical and legal steps to keep users off Kambolam if we think that they are
creating problems, infringing the rights of third parties or acting
inconsistently with the letter or spirit of our policies (including, without
limitation, circumventing temporary or permanent suspensions or harassing the Kambolam
employees or other users). However, whether we decide to take any of these
steps, remove hosted content or keep a user off Kambolam or not, we do not have
any obligation to monitor the information transmitted or stored on our sites,
services, stores, applications and tools and we do not accept any liability for
unauthorized or unlawful content on Kambolam or use of Kambolam by users.
Global
Marketplace
Some of Kambolam's features may display your ad
on other sites, services, applications and tools such as our classifieds sites
in other states. By using Kambolam, you agree that your ads can be displayed on
these other sites, services, applications and tools. The terms for our other
sites, services, applications and tools are similar to these terms, but you may
be subject to additional laws or other restrictions in the states where your ad
is posted. When you choose to post your ad on another site, service,
application or tool, you may be responsible for ensuring that it does not
violate such other site, service, application and tool policies. We may remove
your ad if it is reported on any our sites, services, applications or tools, or
if we believe it causes problems or violates any law or policy.
Fees and
Services
Using Kambolam is generally free for the introductory period of 2 months, but we charge a fee for certain services like stores. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in INR, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the Kambolam website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
For small stores, our current rates are set according to the number of products you add which is payable after 2 months of joining.
Up to 25 products -500/month
Up to 50 Products- 800/ month
Up to 100 Products- 1500/month
Up to 150 Products- 2000/month
Up to 200 Products- 2500/month
We also work on commission basis with large enterprises.
You are responsible for paying the Kambolam fees
when they're due. If you don't, without prejudice to any other right or remedy
we may be entitled to under these Terms of Use or by law, we may limit your
ability to use the services. If your payment method fails or your account is
past due, we may collect fees owed using other collection mechanisms.
You acknowledge that your ads may be deleted
from the Kambolam sites, services, applications or tools in case we believe
these Terms of Use, including our Posting Rules, are breached, either directly
or indirectly. In case you would have paid a fee for the display of such ad,
you may be entitled to a refund of such fee. However, we reserve the right not
to refund the Kambolam users for any fees paid through use of our sites,
services, applications and tools in the following cases:
• If you breach, in our opinion, these Terms of
Use, which include, without limitation, the Posting Rules;
• If your ads went live with exposure on the Kambolam
sites, services, applications or tools, even for a limited time, and that they
benefited from the service associated with the paid fee;
• If your ads are placed into "edit"
mode and will go live to site once updated by you;
• If you have removed your ads yourself;
• If you post duplicate ads
• If we believe that your ads are in a
significantly wrong category;
• Please note that the above list is not
exhaustive.
Store
Managing Online store in Kambolam is sole
responsibility of the seller /business unit. We do only have cash on
delivery/collection option so that all transactions are directly between end
user and seller. It is the responsibility of the seller and user to do a fair
trade, respect and assure quality of product being sold and the transactions
done are Legally valid also to check and confirm use or purchase of any product
or services form Kambolam.com. Store owner is responsible for the listings in
store, legal seller license for the items sold, maintaining stock and communications with customers and after sales
services if any. Kambolam provides a common market place platform to support local business only and have no responsibility on the products or services offered by registered sellers in the platform.
Content
Kambolam contains content from us, you, and
other users. Kambolam is protected by copyright laws and international
treaties. Content displayed on or via Kambolam is protected as a collective
work and/or compilation, pursuant to copyrights laws and international
conventions. You agree not to copy, distribute or modify content from Kambolam
without our express written consent. You may not disassemble or decompile,
reverse engineer or otherwise attempt to discover any source code contained in Kambolam.
Without limiting the foregoing, you agree not to reproduce, copy, sell, resell,
or exploit for any purposes any aspect of Kambolam (other than your own
content). When you give us content, you grant us and represent that you have
the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise any and
all copyright, publicity, trademarks, design, database and intellectual
property rights to that content, in any media whether now know or to be
discovered in the future and on all other sites, services, applications and
tools that are part of the Kambolam community, such as carkambolam.com or our
classifieds sites in other countries. In addition, you waive all moral rights
you have in the content to the fullest extent permitted by law.
Infringement
Do not post content that infringes the rights of
third parties. This includes, but is not limited to, content that infringes on
intellectual property rights such as copyright, design and trademark (e.g.
offering counterfeit items for sale). A large number of products of all sorts
are offered on Kambolam by private individuals in India. Entitled parties, in
particular owners of copyright, trademark rights or other rights can report any
advertisement which may infringe on their rights, and submit a request for such
advertisement to be removed. If a legal representative of the entitled party
reports this to us in the correct manner, products infringing on the intellectual
property rights will be removed by Kambolam.
Reporting an
infringement
In order to participate in the Notice of
Infringement Programme, you only need to complete a Notice of Infringement Form
and post it to Kambolam. You can use this form, complete with your signature,
to report advertisements which may infringe on your property rights. The
information requested in the Notice of Infringement Form is for the purpose of
ensuring that the parties reporting these objects are either the entitled party
or their officially authorized representative. This information must also
enable Kambolam to identify the advertisement to be removed. Once we have
received your correctly completed Notice of Infringement Form, you can simply
send later reports to Kambolam via the e-mail address provided. Note: This form
can only be used by the lawful owners of the relevant intellectual property
rights. The "Notice of Infringement" is intended to enable rights
owners to ensure that products offered by Kambolam users do not infringe their
copyright, trademark rights or other intellectual property rights. For all
other questions, visitors and advertisers can get help using Kambolam Help/Contact
us.
Liability
Nothing in these terms shall limit our liability
for fraudulent misrepresentation, or for death or personal injury resulting
from our negligence or the negligence of our agents or employees. You agree not
to hold us responsible for things other users post or do. We do not review
users' postings and are not involved in the actual transactions between users.
As most of the content on Kambolam comes from other users, we do not guarantee
the accuracy of postings or user communications or the quality, safety, or
legality of what's offered. In no event do we accept liability of any
description for the posting of any unlawful, threatening, abusive, defamatory,
obscene or indecent information, or material of any kind which violates or
infringes upon the rights of any other person, including without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate any
applicable law. You acknowledge that we cannot guarantee continuous, error-free
or secure access to our services or that defects in the service will be
corrected. While we will use reasonable efforts to maintain an uninterrupted
service, we cannot guarantee this and we do not give any promises or warranties
(whether express or implied) about the operation and availability of our sites,
services, applications or tools. Accordingly, to the extent legally permitted
we expressly disclaim all warranties, representations and conditions, express
or implied, including those of quality, merchantability, merchantable quality,
durability, fitness for a particular purpose and those arising by statute. We
are not liable for any loss, whether of money (including profit), goodwill, or
reputation, or any special, indirect, or consequential damages arising out of
your use of, or inability to use Kambolam, even if you advise us or we could
reasonably foresee the possibility of any such damage occurring. Some
jurisdictions do not allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not apply to you. Despite the
previous paragraph, if we are found to be liable, our liability to you or any
third party (whether in contract, tort, negligence, strict liability in tort,
by statute or otherwise) is limited to the greater of (a) the total fees you
pay to us in the 12 months prior to the action giving rise to liability, and
(b) INR500/-
Release
If you have a dispute with one or more Kambolam
users, you release us (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from any and all claims, demands and damages (actual
and consequential) of every kind and nature, known or unknown, arising out of
or in any way connected with such disputes.
Third party
rights
A person who is not a party to this Agreement
has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of this User Agreement but this does not affect any right or remedy of
a third party specified in this Agreement or which exists or is available apart
from that Act.
Personal
Information
By using Kambolam, you agree to the collection,
transfer, storage and use of your personal information by Kambolam on our
servers as further described in our Privacy policy. You also agree to receive
marketing communications from us unless you tell us that you prefer not receive
such communications.
Resolution of
disputes
If a dispute arises between you and Kambolam, we
strongly encourage you to first contact us directly to seek a resolution by
going to the Kambolam contact-us page. We will consider reasonable requests to
resolve the dispute through alternative dispute resolution procedures, such as
mediation or arbitration, as alternatives to litigation.
General
These terms and the other policies posted on Kambolam
constitute the entire agreement between Kambolam and you, superseding any prior
agreements. No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of
India and Kerala. You agree that any claim or dispute you may have against Kambolam.com
must be resolved by the courts of Kerala. You and Kambolam both agree to submit
to the exclusive jurisdiction of the Kerala Courts; for claims falling within
the jurisdiction of a State Court, you and Kambolam both agree to submit to the
jurisdiction of the Supreme Court of India. If we don't enforce any particular
provision, we are not waiving our right to do so later. If a court strikes down
any of these terms, the remaining terms will survive. We may automatically
assign this agreement in our sole discretion in accordance with the notice
provision below. Except for notices relating to illegal or infringing content,
your notices to us must be sent by email to Kambolam.com . We will send notices
to you via the email address you provide, or by registered mail. Notices sent
by registered mail will be deemed received five days following the date of
mailing. We may update this agreement at any time, with updates taking effect
when you next post or 30 days after we post the updated policy on the Kambolam
website, whichever is sooner. No other amendment to this agreement will be
effective unless made in writing, signed by users and by us. For any help with
using Kambolam please see the Kambolam contact us page.