Kyndandactive.com (hereinafter referred to as "Site") is the domain name owned by Goldsun Global, with its registered office located in Mumbai, India. The term “We”, “Us’, “Our” shall mean Goldsun Global. This Site allows consumers to browse, select and purchase branded apparels of Goldsun Global (hereinafter referred to as "Products" or "Goods") from the Site.
This document on the Site is an electronic record in terms of Information Technology Act, 2000 and rules here under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) 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 kyndandactive.com Site.
The following terms and conditions govern the use of the Site (hereinafter referred to as "Terms of Use"). For the purpose of these Terms of Use, “You” or “End User” shall mean any natural or legal person. The “End User” is allowed to surf the Site or to make any purchases without registering on the Site by Goldsun Global.
If you transact on the Site, you shall be subject to the policies that are applicable to the Site for such transaction. By mere use of the Site, you shall be contracting with Us and these Terms of Use including the policies constitute your binding obligations, with Us. If you do not wish to agree to the outlined Terms of Use, please refrain from using the Site.
“Invitation to offer” for the End User will be for the products/ services or information displayed on the Site. Your order for purchase constitutes your "offer" which shall be subject to the terms of use as listed below. We reserve the right to accept or reject your offer. You will be notified by email to confirm the receipt of your order as soon as possible in case if a valid mail address is provided by you and also an email will be sent to you to confirm your details and thereafter your order will be processed. Your order will be considered as accepted only after the dispatch of the Product(s) takes place. No act or omission prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer.
You will be subjected to the rules, regulations, guidelines, policies, terms and conditions only if you use any of the services provided by Us through the Site 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 have 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 notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the revisions and modifications. We grant you a personal, non- exclusive, non - transferable, limited privilege to enter and use the Site as long as you comply with these Terms of Use.
These Terms of Use shall be effective upon your acceptance and shall develop the relationship between You and Us including the sale and supply of any Product on the Site. These Terms of Use only shall prevail for the purpose of usage of the Site even if these Terms of Use conflict with any other document. You may abstain from using the Site if you do not agree to be bound by these Terms of Use. To read the complete Terms of Use, please see below:
1.License to use website
Unless otherwise stated, Goldsun Global and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
User must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
[edit or otherwise modify any material on the website; or]
[redistribute material from this website [except for content specifically and expressly made available for redistribution].]
2.Acceptable use
User must not use this 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.
User must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
User 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 this website without Our express written consent.
User must not use this website to transmit or send unsolicited commercial communications.
User must not use this website for any purposes related to marketing without Our express written consent.
3.Other parties
User accepts that, as a limited liability entity, the Goldsun Global has an interest in limiting the personal liability of its officers and employees. User agrees that you will not bring any claim personally against Our officers or employees in respect of any losses user suffer in connection with the website.
4.Equipment
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. We shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Goldsun Global.
5.Indemnity
User hereby indemnify Goldsun Global and undertake to keep Goldsun Global indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by User of any provision of these terms and conditions[, or arising out of any claim that User have breached any provision of these terms and conditions].
6.Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
7.Eligibility for Membership
The Site is available for use only to the persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the provisions of Section 11 of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Site. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Site and shall not transact on or use the Site.
8.Description of Services
In the Site, we provide End Users with access to Products online. Upon your clicking "yes" in the options menu we shall be entitled to send you regular updates via email and or SMS regarding our Product offerings.
9.General
The End User agrees to comply with all the Terms of Use mentioned hereinabove. The right to use the Site is personal to the End User and is not transferable to any other person or entity. It is the responsibility of the End User to protect the confidentiality of End User’s user id and password(s) if any. It is acknowledged by the End User that although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond our control and that We shall not be responsible for any data lost while transmitting information on the internet. The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance even though Our objective is to make the Site accessible for 24 hours per day, 7 days per week. The End User understands and acknowledges that due to circumstances both within and outside Our control, access to the Site may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Furthermore, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Nothing on this Site constitutes, or is meant to constitute, advice of any kind. End Users may not have more than one active account. Additionally, End Users are prohibited from selling, trading, or otherwise transferring their account to another party. If you do not qualify, you may not use the Services or the Site.
10.Communications
When the End User uses the Site or sends emails or other data, information or communication to Us, the End User agrees and understands that End User is communicating with Us through electronic records and the End User consents to receive communications via electronic records from Us periodically and as when required. We may communicate with the End User by email or by such other mode of communication, electronic or otherwise.
11.Modified Terms
We have the right at all the times to discontinue or modify any of the Terms of Use as may be deemed necessary or desirable without prior notification to you. It is suggested therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes.
12.License and Site Access
Limited License to access and to make personal use of the Site and the Service is granted to the End User by Us. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose in Our sole discretion an unreasonable or disproportionately large load on Our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Us.
13.Your Account and Registration Obligations
If you use the Site, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete then We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Site and refuse to provide you with access to the Site.
14.Equipment
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. We shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
15.End User Conduct
Any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Our express prior, written approval, contains advertising or any solicitation with respect to Products or services. End User shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of the Site. The foregoing provisions apply equally to and are for Our benefit, our subsidiaries, affiliates and Our third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
16.License Grant
By posting communications on or through this Site, End User shall be deemed to have granted Us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
17.Monitoring
We shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance hereunder and any operating rules established by Us, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that at our sole discretion, if we find it to be in violation of the provisions hereof or otherwise objectionable.
18.Personal Information
In order to purchase Products from the Site, you will need to provide your details prior to making a purchase or at Checkout. You will be obligated to provide accurate personal information. Another person’s personal information will not be acceptable by Us. The information collected by Us shall not be disclosed to any third party unless such a disclosure is authorized or required by law.
19.Mode of Payment
The payments are to be made for the purchase of Products from the Site only by Credit Card/ Debit Card/Internet Banking. No Cash on Delivery is available for the purchase made from the Site.
20.Credit Card/Debit Card/ Internet Banking Information
Credit card information collected for the purpose of payment of Product(s) purchased will be masked on your account and will not be visible to Our Customer Service operators. The credit card details provided by you for availing of services on the Site will be correct and accurate and that you shall not use any un-lawfully owned credit card by you. You further agree and undertake to provide the correct and valid credit card details to Us. Further the said information will not be utilized and shared by Us with any third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively yours.
21.Pricing Information
We shall provide with the best possible prices for the Product(s) that you buy from the Site.The prices of the Product(s) can vary depending availability are subject to change strive to provide accurate Product and pricing information, pricing or typographical errors may occur. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we may, at Our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the Product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that We accept your orders and the same shall be debited to your credit card account. The payment may be processed prior to the dispatch of the Product that you have ordered. If we have to cancel the order after We have processed the payment, the said amount will be reversed back to your credit card account.
22.Cancellation by Us
There may be certain orders that We are unable to accept and must cancel. We have the right at Our sole discretion to cancel or refuse any order placed by you. Limited quantities available for purchase, inaccuracies or errors in Product(s) or pricing information or problems identified by Us, credit and fraud some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled and the amount has being debited in that case the said amount will be credited back to the Original account.
23.Cancellations by the Customer
In case of requests for order cancellations, We reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed. For cancellation of orders that have been dispatched please refer to our Returns section below. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Us and accept Our decision regarding the cancellation. If you'd like to cancel an order, email us or talk to our customer support. We reserve the right to recover the cost of Products, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these Terms of Use.
24.Submitted Content
We do not claim ownership of any materials you make available through the Site. At Our sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
25.Disclaimer of Warranty and Liability
The Site, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, We do not warrant that: The Site will be constantly available, or available at all; or The information on the Site is complete, true, accurate or non-misleading. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Site. We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Site; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on the Site constitutes, or is meant to constitute, advice of any kind. All the Products sold on the Site are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to you. You will be required to enter a valid phone number while placing an order on the Site. By registering your phone number with Us, you consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
26.Limitation of Liability
In no event shall We be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if the End User has been informed in advance of the possibility of such damages.
27.Indemnity
The End User shall indemnify and hold Us harmless, Our owner, licensee, affiliates, subsidiaries, group companies (as applicable) and Our respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
28.Severability
If any of the Terms shall be deemed void, invalid or unenforceable for any reason, that condition shall be deemed several and shall not affect the enforceability of any remaining provision.
29.Customer Communication
We will communicate with you about your order and the purchased Product through any of the mode using email, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and contact telephone and/ or mobile number to Us for this purpose. When you use the Site, or send emails to Us, you are communicating with Us electronically. Your consent to receive communications from Us electronically. Please note that we may not be able to contact you on your mobile number in case your mobile number is part of DNC (Do Not Call) list as generated by TRAI (Telecom Regulatory Authority of India). From time to time, We will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Our Promotional alerts are SMS messages that are sent to opt in users that contain promotional content for Our customers.
30.Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Us. We encourage our Users to be professional, courteous and respectful when communicating by email.
However, We will investigate and can take action on certain types of unwanted emails that violate Our policies. Such instances:
Threats of Bodily Harm – We do not permit Users to send explicit threats of bodily harm.
Misuse of Our System - We allow Users to facilitate transactions through Our system, but will investigate any misuse of this service.
Spoof (Fake) email - We will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - Our spam policy applies only to unsolicited commercial messages sent by Our Users. Our Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside - We prohibit email offers to buy or sell listed products outside of Our Site. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Our policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
Limits on account privileges
Account suspension
Cancellation of listings
Loss of special status
Other Businesses
31.Links
The Site or third parties may provide links to other World Wide Web sites or resources. Because We have no control over such sites and resources, you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or about use of or reliance on any such content, goods or services available on or through any such site or resource.
32.Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized End Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
33.Trademark, Copyright and Restriction
This Site contains trademarks, trade names, service marks, copyrights, and/or logos of Kynd And Active and may also contain several protected marks of Kynd And Active’s numerous affiliates. Such marks remain the property of Goldsun Global. The End User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this Site, any right, title, or interest in the marks. The End User agrees that it will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
34.Billing
The price of our non – discounted merchandise is inclusive of GST.
35.Return Policy
Product(s) can be returned within 15 days from the date of purchase or delivery in unused condition with original packing, along with the original bill. Once received at our facility, it can take total of 10-12 business days for processing, which comprises of 3-5 business days for clearing inspection & thereafter 5-7 business days for refund to be credited to the original payment method. Products purchased directly from kyndandactive.com are only eligible for a refund. For any other product related issues or manufacturing defects, please write your concerns to customercare@kyndandactive.com within 90 days from the date of purchase with supporting images and detailed description of the issue with copy of the original invoice. We reserve the right to make any amendments to this policy.
36.Exchange Policy
For exchanging size of any Product(s) purchased through the Site, please contact customer care with the product details that’s in its unused condition with the original bill within 15 days of purchase. Please note that We do not perform any product exchanges or replacements through the Site. To initiate any other exchanges, You have to follow the Return Policies as mentioned in clause no. 35 above.
37.Delivery
kyndandactive.com orders are processed and shipped from Our warehouse Monday-Friday only. Orders placed on the weekend and on selected holidays begin processing on the next working day. Shipping notifications are emailed immediately after the order has been shipped. Standard Shipping: 8 to 10 business days post shipping from warehouse. If you place an order at 2pm or later on a Friday it will not start to process until the following Monday. If Monday is a holiday the order will not start processing until Tuesday.
38.Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Lucknow.
39.Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Site is presented solely for sale in India. We make no representation that materials in the Site are appropriate or available for use in other locations/Countries other than India. Those who choose to access this Site from other locations/Countries other than India do so on their own initiative and We are not responsible for supply of products/refund for the products ordered from other locations/Countries.
40. Survival of Terms after Agreement Ends
Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
41.Profanity Policy
We prohibit the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***). Please report any violations of this policy to the correct area for review: Report offensive Display Names Report offensive language in a listing or otherwise If a feedback comment; or any communication made between the End Users on the Site; or email communication between the End Users in relation to transactions conducted on Site contain profanity, please review Our feedback removal policy and submit a request for action/removal. Disciplinary action may result in the indefinite suspension of the End User's account, temporary suspension, or a formal warning. We will consider the circumstances of an alleged policy violation and the user's trading records before taking action. Violations of this policy may result in a range of actions, including: Limits placed on account privileges; Loss of special status; Account suspension.
