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IKINAKI TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

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 www.Ikinaki. com website.

The domain name www.Ikinaki.com (hereinafter referred to as "Website") is owned by Flume Innovative Solutions Pvt. Ltd., a company incorporated under the Companies Act, 1956 with its registered office at, Shop No. 214, Second Floor, Sikanderpur Market, Gurgaon, 122002, India (hereinafter referred to as "Ikinaki").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Flume Innovative Solutions Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Ikinaki. 

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Purchase of products, Product Reviews), 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 notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Ikinaki Policies (including but not limited to Privacy Policy) as amended from time to time. 

MEMBERSHIP ELIGIBILITY

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Ikinaki website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Ikinaki reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Ikinaki's notice or if it is discovered that you are under the age of 18 years.

           

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If You use the Website, 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 or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

COMMUNICATIONS

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

CHARGES

Membership on the Website is free for Users. Ikinaki does not charge any fee for browsing and buying on the Website. Ikinaki reserves the right to change its Fee Policy from time to time. In particular, Ikinaki may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Ikinaki reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Flume Innovative Solutions Private Limited.

 

USE OF THE WEBSITE

 You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or shareany information which:
    1. belongs to another person and to which You does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    3. is misleading in any way;
    4. is patently offensive to the online community, such as sexually explicitcontent, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    5. harasses or advocates harassment of another person;
    6. involves the transmission of "junk mail", "chain letters", or unsolicited massmailing or "spamming";
    7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. infringes upon or violates any third party's rights [including, but not limitedto, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
    9. promotes an illegal or unauthorized copy of another person's copyrighted work,;
    10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    11. provides material that exploits people in a sexual, violent or otherwiseinappropriate manner or solicits personal information from anyone;
    12. contains video, photographs, or images of another person (with a minor or an adult).
    13. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    14. engages in commercial activities and/or sales without Our prior writtenconsent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Ikinaki's prior written consent means a communication coming from Ikinaki's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
    15. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
    16. interferes with another USER's use and enjoyment of the Website or anyother individual's User and enjoyment of similar services;
    17. refers to any website or URL that, in Our sole discretion, contains materialthat is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
    18. harm minors in any way;
    19. infringes any patent, trademark, copyright or other proprietary rights or thirdparty's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
    20. violates any law for the time being in force;
    21. deceives or misleads the users about the origin of such messages;
    22. impersonate another person;
    23. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    24. threatens the unity, integrity, defense, 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.
    25. shall not be false, inaccurate or misleading;
    26. shall not, directly or indirectly, offer, attempt to offer, trade or attempt totrade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    27. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
  1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or otherautomatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  1. You shall not attempt to gain unauthorized access to any portion or feature ofthe Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  1. You shall not probe, scan or test the vulnerability of the Website or anynetwork connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  1. You shall not make any negative, denigrating or defamatory statement(s) orcomment(s) about Us or the brand name or domain name used by Us including the terms Ikinaki, Ikinaki.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Ikinaki or otherwise tarnish or dilute any Ikinaki's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Ikinaki's systems or networks, or any systems or networks connected to Ikinaki.
  1. You agree not to use any device, software or routine to interfere or attemptto interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
  1. You may not forge headers or otherwise manipulate identifiers in order todisguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  1. You may not use the Website or any content for any purpose that is unlawfulor prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ikinaki and / or others.
  1. You shall at all times ensure full compliance with the applicable provisionsof the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  1. Solely to enable Us to use the information You supply Us with, so that we arenot violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  1. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request.
  1. Ikinaki shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. In no event shall Ikinaki assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
  1. Your correspondence or business dealings with, or participation in promotionsof, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  1. Your use of samples provided with Your order are for promotional purposes only. Ikinaki does not warrant and shall not be responsible for the damage arising out of the use of the products provided as samples delivered along with the order. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of use of the samples or as the result of the presence of such samples on the Website and/or within the order delivery package.
  1. Merchandise availability on our Site is not guaranteed as it may be low in stock. You can verify availability by calling Customer Service at +91 9205562262 or writing an email to info@Ikinaki.com.
  1. This Site may include links to other Internet sites maintained by third parties ('Linked Sites'). Ikinakiprovides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Ikinaki of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Ikinaki Site. Linked Sites are not under the control of Ikinaki and Ikinaki is not responsible for the contents of any Linked Site.
  1. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
  1. Ikinaki shall have all the rights to take necessary action and claim damagesthat may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

Contents Posted on Site

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Ikinaki's express prior written consent. 

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any postings, photos, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

If You object to Your Information being transferred or used in this way, please do not use Website.

Disclaimer of Warranties and Liability

This Website, 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, Ikinaki does not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading.

 

Ikinaki does not warrant and shall not be responsible for the damage arising out of the use of the products listed on its site. Ikinaki 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 Website. Ikinaki does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind.  You will be required to enter a valid phone number while placing an order on the Website. 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.

Services 

Payment

 

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: 

  • Lack of authorization for any transaction/s, or
  • Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  • Any payment issues arising out of the transaction, or
  • Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

 

  1. Payment Facility for Users:
    1. You, as a User, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Us to purchase the products and /or services from Us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank using Payment Facility.
    2. You, as a User, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction. In case you do not raise a refund claim via email to info@ikinaki.com within 7 days of failure of delivery, then this would make You ineligible for a refund.
    3. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
    4. For Cash On Delivery transactions, refunds, if any, will be made viademand draft in favour of the User (As per registration details provided by the User)
    5. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
    6. For electronics payments, refund shall be made through payment facilityusing NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
    7. Refund shall be conditional and shall be with recourse available to Ikinakiin case of any misuse by User.
    8. Refund shall be subject to User complying with Policies.
  1. Ikinaki reserves the right to impose limits on the number of Transactions orTransaction Price which Ikinaki may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  1. Ikinaki reserves the right to refuse to process Transactions by Users with aprior history of questionable charges including without limitation breach of any agreements by User with Ikinaki or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  1. Ikinaki may do such checks as it deems fit before approving the receipt of Users commitment to pay (for Cash On Delivery transactions) Transaction Price from the User for security or other reasons at the discretion of Ikinaki. As a result of such check if Ikinaki is not satisfied with the creditability of the User or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of Users commitment to pay Transaction Price.
  1. The User acknowledge that Ikinaki will not be liable for anydamages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Ikinaki.

 

User's arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank.

Replacement

Following products shall not be eligible for return or replacement:

  • Damages due to misuse of product;
  • Incidental damage due to malfunctioning of product;
  • Any consumable item which has been used/installed;
  • Products with tampered or missing serial/UPC numbers;
  • Digital products/services
  • Any damage/defect which are not covered under the manufacturer's warranty
  • Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
  • All customized products
  • Product damages due to improper storage conditions

If Ikinaki has suspicion or knowledge, that any of its Users are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Ikinaki may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such User and /or disqualify that user and any related users from availing protection through this program.

Ikinaki reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Ikinaki may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Indemnity

You shall indemnify and hold harmless Ikinaki, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their 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.

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 Gurgaon, Haryana.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Ikinaki make no representation that materials in the Website 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 Ikinaki is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by Ikinaki. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Product Description

Ikinaki does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL IKINAKI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Malvika Khajuria/Ranu Singh

Flume Innovative Solutions Pvt Ltd.

214, Sikanderpur market, Gurgaon

Haryana 122002

Phone: +91 9205562262

Email: info@Ikinaki.com

Time: Mon - Sat (9:00 - 18:00)

 

POLICIES 

Profanity Policy

Ikinaki prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

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 Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

Ikinaki 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.

  

Replacement 

Definition: Replacement is the action or process of replacing something in place of another. A User can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

User need to raise the replacement request within 48 hours from the date of delivery of products. Once User has raised a replacement request by contacting Us on email or phone Number provided on the Website. Once the replacement request has been raised, the following steps shall be followed:

  1. User is asked for "Reason for Return". Among others, the following are the leading reasons:
  • Shipping was damaged
  • Item was defective
  • Item Dead on Arrival
  • Item(s) were missing
  • Wrong item sent
  1. The products will be replaced if they are returned new and unopened.

Other Businesses

Ikinaki does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Ikinaki assumes no responsibility for examining or evaluating the products and services offered by them. Ikinaki do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Ikinaki does not endorse, in any way, any third party website(s) or content thereof.

 

 

 

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Flume Innovative Solutions Pvt. Ltd. (referred to as “Ikinaki” in this document) offers multiple online platforms, including but not limited to, a social reviews and recommendations mobile application (referred to as “App” in this document), and a sales and sampling platform hosted on the domain www.ikinaki.com (referred to as “Website” in this document).

Through the App, Ikinaki enables users to share reviews about products they have purchased. Based on the information that the users share with the App, Ikinaki offers users product/brand recommendations in form of product trials, samples and promotional offers.

Through the Website, Ikinaki sells curated products, and sends free samples with every purchase as product recommendations.

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Please read the following Terms and Conditions (referred to as “Terms” in this document), before using the App.

Terms and Conditions

Upon using the App, which includes but is not limited to, downloading the app, creating an account, sharing content, building connections through app, etc, the User (referred to as “You” in this document) will be bound to comply by these Terms. If you wish not be bound by these Terms, please do not subscribe to, download, or use the App in anyway.

Ikinaki may make changes to this Agreement over the course of time without providing any notice to You. You agree and understand this, and agree to keep reviewing the Agreement for changes and abide by them. Your continued use of Ikinaki after any modification to the Terms will be understood as your acceptance of such modification.

Terms of use

  1. By surfing/downloading the App, You agree to be bound by these Terms.
  2. You must be at least 18 years of use the App.
  3. You may not create more than one account to represent yourself.
  4. You agree to provide correct and truthful information about yourself at the time of account creation, creation of posts, and at all other times. You also agree to keep updating such information to maintain its correctness and truthfulness.
  5. You will be responsible for your conduct on the App. You will also be responsible for your data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (hereafter referred to as "Content") that you submit, post or display on or via the App.
  6. You will be responsible for keeping your passwords secret and secure.
  7. You agree that you will post about products that you have bought for your own use. You agree that you will not post about brands or products that you have never bought or used..
  8. You consent to receive and provide periodic communications by electronic media and non-electronic media, which includes but is not limited to sms, email, calls, or all of these media from Ikinaki with regard to the services provided by Platform. You agree and understand that when You send any communication to Ikinaki, through SMS, emails, etc., Ikinaki will keep a record of all such communication between You and Ikinaki.
  9. You will not share content that infringes another user’s, person’s, company’s, brand’s or entity’s copyrights.
  10. You may not create an account on the behalf of anyone without Ikinaki’s consent. Write to support@ikinaki.com if You require to create an account on another User’s account
  11. You agree that You will not solicit, collect, sell, or use any User’s login credentials or account information.
  12. You agree that you will not sell, transfer, license or assign, your account, subscribers, username, or any account rights, to any other entity.
  13. You agree that you will not post any misleading, harmful, hateful or libelous Content on the App. Such content, includes but is not limited to, any violent, sexually explicit, sexually suggestive, pedophilic, discriminatory, illegal, photo or other Content on the App.
  14. You agree you will not use this platform to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person or entity or promote any such activity.
  15. You agree that you will not post private or confidential information via the App, including but not limited to, your own or any other person's credit card information, national identity numbers, non-public phone numbers or non-public email addresses.
  16. You agree that you will not create and send any SPAM (which includes but is not limited to, unwanted, bulk, emails, or messages) to any Ikinaki Users.
  17. You may not restrict any user, in any way from using the services provided by Ikinaki.
  18. You agree that you will not use this platform for any illegal or unauthorized purpose and will abide by all laws by the constitution of India, and the laws and regulations of your local state.
  19. You agree to not harm the App in anyway, which includes but is not limited to,
    1. changing, modifying, adapting or altering the App or changing, modifying or altering another website so as to falsely imply that it is associated with the App or Ikinaki or Flume.
    2. interfering or disrupting the App or servers or networks connected to the App by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
    3. injecting content or code or otherwise alter or interfere with the way any Ikinaki page is rendered or displayed in a user's browser or device.
    4. creating accounts with the App through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  20. You agree that you have read the Privacy policy and have no objection o it.
  21. You agree and understand that, upon any breach of the Terms or intended or unintended financial or legal risk to Ikinaki, it is at Ikinaki’s sole discretion, to terminate Your account.
  22. You agree and understand that Ikinaki will NOT be obligated to hear or process your appeal in any such regard.
  23. You agree and understand that Ikinaki may work with law enforcement, when we believe that there’s risk of physical harm or threat to public safety.

If you see something that you think may violate the Terms, please help us by using our built-in reporting option. We will review these reports and work as quickly as possible to remove content that doesn’t meet our guidelines.

For content you don’t like, but doesn’t violate the Community Guidelines, you can unsubscribe or cancel a subscription or block the person who posted it.

 

Disclaimer of Warranties and Liability
 

  1. You understand that you may not always find recommendations on the App. Recommendations’ availability on the App is not guaranteed as it depends on the partnering brand’s campaign.
  2. Once you decide to use a certain recommendations, you will be redirected from the App to the Brand’s website or app. Ikinaki will not be responsible for any communication, service provision, etc., between you and the brand.
  3. Your use of products and brands recommended is for promotional purposes only. Ikinaki does not warrant and shall not be responsible or liable for any loss or bad experience or harm or damage of any sort, incurred as the result of use of the recommended brand or product or as the result of the presence of such recommendations in your recommendations feed.
  4. You understand that Ikinaki is a social reviews sharing platform where users provide their opinions on product and brands they use. Ikinaki encourages its users to provide correct information on the App. However, in a situation where incorrect, harmful information of any sort is provided, you agree that Ikinaki will not be responsible for such misleading, incorrect, potentially harmful, outdated information. You are solely responsible for evaluating reviews and for any purchase decision, action, taken based on such information and are also responsible for its consequences.
  5. You understand that reviews or recommendations on the App may include links to other websites or apps maintained by third parties (referred to as “Linked Sites” in this document).
  6. These Linked Sites are provided to You, solely as a convenience for promotional purpose, and the inclusion of Linked Sites does not imply endorsement by Ikinaki. You access Linked Sites at your own risk and by accessing them you leave the Ikinaki App. Linked Sites are not under the control of Ikinaki and Ikinaki is not responsible for the contents of any Linked Site.
  7. Posting Reviews:
    1. You understand that once a review is posted you will not be able to change the product name.
    2. You understand that in order to keep data clean for the convenience of your subscribers, we may correct typos in the Product Name field from time to time. If you think the change is incorrect please write to us at support@ikinaki.com .

Indemnity

You shall indemnify and hold harmless Ikinaki, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their 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 use of the App, Your breach of this Terms document, 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.

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 Gurgaon, Haryana.

Jurisdictional Issues/offer redemption in India Only

The App is currently not available for use in other locations/countries other than India. Those who are using the app while travelling out of India, may choose to access App on their own initiative. However Ikinaki does not provide recommendations that can be redeemed outside of India, and therefore is not responsible for supply of recommendations or offers to the You from other locations/Countries other than India.

Trademark, Copyright and Restriction

This App is controlled, owned, and operated by Ikinaki. All material on the App, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Recommendations on the App are solely for your personal non-commercial use.

You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. 

Limitation of Liability

IN NO EVENT SHALL IKINAKI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding App.

Grievance officer(s)

Malvika Khajuria/Ranu Singh

Flume Innovative Solutions Pvt Ltd.

214, Sikanderpur market, Gurgaon

Haryana 122002

Phone: +91 9205562262

Email: support@Ikinaki.com

Time: Mon - Friday (9:00 - 18:00)