Last Updated on 5 th October 2017
INTRODUCTIONFlume 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, (referred to as “Ikinaki” in this document) offers multiple online platforms, including but not limited to, a social product discovery and review sharing 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).
“App” and “Website” will also include any related online or offline presence or activity for customer/user support or for marketing purposes. This includes, but is not limited to, social media accounts, email communication, telecommunication, offline events, etc.
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. Ikinaki has no control whatsoever over such third party generated content on the App and is merely an intermediary (as defined in the Information Technology Act, 2000). The Terms and Conditions for Use of the App (as provided hereunder) are a legal contract between you and Ikinaki.
Through the Website, Ikinaki sells curated products, and sends free samples with every purchase as product recommendations.
TERMS AND CONDITIONS FOR USE OF THE APPPlease read the following Terms and Conditions (referred to as “Terms” in this document), before using the App.
These Terms and Conditions for use of the App (“Terms”) apply to your visit to and use of the App whether through a computer or a mobile phone or tablet or any other device capable of running the App, as well as to all information, recommendations and/or services provided to you on or through the App. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable, and the provisions pertaining to electronic records in various statutes and laws in India. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By clicking on the “I Accept” button or by accessing the website https://www.ikinaki.com or 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) consent to be bound by these Terms. Please ensure that you read and understand all these Terms before you use the App or avail any of our services. If you wish not be bound by these Terms, please do not subscribe to, download, or use the App in anyway.
Your agreement to these Terms shall operate as a binding agreement between You and Ikinaki in respect of the use of the App.
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.
A. Registration and Accounta. You will be eligible to use the App only when you fulfil all of the following conditions:
(i) You must be at least 18 years of age.
(ii) You are competent to enter into a contract under the Applicable Laws. If you reside in a jurisdiction that restricts the use of the App because of age or any other reason whatsoever or restricts the ability to enter into contracts such as these Terms, you must abide by such limitations.
b. You are allowed to open only one account in association with the registration data provided by you. You may not create more than one account to represent yourself. You will not use an Account owned by another person. Please write to firstname.lastname@example.org if You require to create an account on another user’s account.
c. You agree to provide correct, complete, 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. We shall bear no liability for false, incomplete, old or incorrect registration data provided by you and shall be entitled to restrict your use of the App if we determine that such registration data is inaccurate.
d. You shall not permit any other person to use your account. You are solely responsible for maintaining the confidentiality of your registration data and will be liable for all activities that occur through your account, whether initiated by you or any third party. Your account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
e. We reserve the right to suspend or terminate your account with immediate effect and for an indefinite period, if We have a reason to believe that the registration data or any other data provided by you is incorrect or false, or that the security of your account has been compromised in any way, or for any other reason We may find just or equitable.
f. Except for the registration data or any other data that is sought specifically by Us (“Permitted Information”), Ikinaki does not want you to, and you should not, send any confidential or proprietary information to Ikinaki or upload or post the same on the App. By accepting these Terms you agree that any information or materials that you provide or are provided through usage of your Account to Ikinaki other than the Permitted Information will not be considered confidential or proprietary and Ikinaki shall have no obligation in relation to such information or materials.
B. ApplicationSubject to your compliance with these Terms, Ikinaki grants you a limited, revocable, non- exclusive, non-transferable and non-sub- licensable license to download and install a copy of the App on a single device that you own or control, to use such App and to run such copy of the App solely for your own personal use and to use the App.
By using the App, you further agree that:
a. you will only use the App for your sole personal use and will not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the App in any way;
b. you will not modify or make derivative works based upon the App;
c. you will not carry out any denial of service (Do’s, DDoS) or any other harmful attacks on the App;
d. you will not disrupt or place unreasonable burdens or excessive loads on the App or interfere with or attempt to make, or attempt any unauthorized access to the App or any part of the App or any user of the App;
e. you will not try to harm the App or our network in any way whatsoever;
f. you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App;
g. you will not use the App for unlawful purposes;
h. you will provide Ikinaki with such information and documents which Ikinaki may reasonably request;
i. you will only use an authorized network for the purposes of the App;
j. you are aware that when accessing the App, standard data charges of your phone network service providers or other data service providers will apply;
k. you will comply with all applicable laws domicile and residence in which you are present while using the App;
l. you are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder;
m. you shall not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent your affiliation with any person or entity, including, but not limited to our officials, employees, agents, partners, affiliates, dealers and franchisees; and
n. 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.
o. You will not add/post any links which redirect users to a website/app/on any online media that violates the Terms.
p. You will be responsible for keeping your passwords secret and secure.
q. 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. r. 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.
s. You will not share any content that infringes another user’s, person’s, company’s, brand’s or entity’s copyrights.
t. You agree that You will not solicit, collect, sell, or use any User’s login credentials or account information.
u. You agree that you will not sell, transfer, license or assign, your account, subscribers, username, or any account rights, to any other entity.
v. You agree that you will not upload, transmit, send, share or update any misleading, harmful, hateful or libellous information or Content on the App. Such content, includes but is not limited to, any violent, objectionable, abusive, sexually explicit, sexually suggestive, paedophilic, discriminatory, illegal, photo or other Content on the App. If you do so, Ikinaki, has the sole discretion and the full right to remove the content from our platforms and terminate your account.
x. 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.
y. 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.
z. 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.
aa. You may not restrict any user, in any way from using the services provided by Ikinaki.
bb. 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.
cc. you will not reverse engineer or access the App in order to:
(i) design or build a competitive product or service;
(ii) design or build a product using similar ideas, features, functions or graphics of the App;
(iii) copy any ideas, features, functions or graphics of the App or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or App.
dd. You agree to not harm the App in anyway, which includes but is not limited to,
i. 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.
ii. 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.
iii. 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.
iv. creating accounts with the App through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
v. gaining access to or monitor any pages that you don’t have permission to access, which includes, but is not limited to admin pages, server pages, account pages of another user, etc.
vi. obtaining any personal or company information that you have no right/authorization to. This includes but is not limited to sales info, user info, customer info, visitor info, and any other information which is not made available to You on the pp.
vii. creating any liability for us or causing us to lose services by our Internet Service Providers.
viii. copying or monitoring any portion of the App, or reproducing or circumventing the navigational structure or presentation of the App.
ix. probing, scanning or testing the vulnerability of the App or any network connected to the App.
x. imposing an unreasonable or disproportionately large load on the infrastructure of the App and related systems or networks.
ff. You agree to not make any negative, denigrating or defamatory statement(s) or comment(s) about Ikinaki 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 goodwill.
hh. You agree that Ikinaki has the right to remove or edit any content that in its sole discretion that violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms.
ii. You agree that Ikinaki is not responsible for the use of any personal information that You publicly disclose or share on the Website in events such as, hacking or breach of security.
Please carefully select the type of information that You publicly disclose or share with others on the Website.
jj. 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. You agree and understand that Ikinaki will NOT be obligated to hear or process your appeal in any such regard.
kk. 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.
Ikinaki will have the right to investigate and prosecute violation of any of the above to the fullest extent of the law. Ikinaki may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
It is your responsibility to check to ensure that you download the correct application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device.
Ikinaki shall have the right to store the information provided by you to Ikinaki in relation to the App. You agree to grant Ikinaki a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright, publicity, database rights or any other rights you have in information posted by you other than registration data, in any media now known or not currently known, with respect to your information. You agree and permit Ikinaki to share your information and/or permitted information, with third parties.
Ikinaki will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those contained herein. In such case, depending upon the modality and the mechanism as may be devised, the services on the App may be provided to you by Ikinaki jointly and/or severally with the party/ies in joint venture. You hereby give your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
Ikinaki has no obligation to monitor your access to or use of the App, but has the right to do so for the purpose of operating the App, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right to terminate the use of the App should you be using the App with an incompatible or unauthorized device or in the event Ikinaki considers your use of the App to be in violation of these Terms or otherwise harmful to the App.
C. Posting Reviews:a. You agree and understand that once a review is posted you will not be able to change the product name.
b. You agree and understand that in order to keep data clean for the convenience of your subscribers, we may correct typos in the Catalog data from time to time. If you think the change is incorrect please write to us at email@example.com.
c. You agree that you will not post, upload, modify, publish, or share any posted content that:
i. belongs to another person and to which you do not have any right;
ii. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights or intellectual rights of any person;
v. violates any applicable law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonates another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
x. advertise or offers to sell or buy any goods or services for any business purpose;
xi. conducts or forward surveys, contests, pyramid schemes or chain letters;
xii. downloads any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
xiii. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or
xiv. harvests or otherwise collects information about others, including name, e-mail addresses, telephone numbers etc.
d. Ikinaki has no obligation to monitor your access to or use of the posted content, but has the right to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
e. Ikinaki reserves the right, at any time and without prior notice, to remove or disable access to any content that Ikinaki, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the App.
D. Disclaimer of Warranties and Liabilitya. You understand that you may not always find exclusive offers on the App. Exclusives’ availability on the App is not guaranteed as it depends on the partnering brand’s campaign.
b. You understand that exclusives are targeted to different users based on their product reviews and preferences based on Ikinaki’s backend algorithm. Your exclusives may vary from another user and whether you will receive a exclusive or not is based on Ikinaki’s discretion.
c. Once you decide to use a certain exclusives, 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 third party brand.
d. 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 exclusives in your exclusives feed.
e. You understand that Ikinaki is a social product 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.
f. You understand that reviews or exclusives on the App may include links to other websites or apps maintained by third parties (referred to as “Linked Sites” in this document). 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.
g. The information, reviews or recommendations provided on or through the App are for general information purposes only and do not constitute advice.
h. Ikinaki will reasonably keep the App and its contents up to date but does not guarantee that the App is free of errors, defects, malware and viruses or that the App is correct, up to date and accurate.
i. Ikinaki shall not be liable for any damages resulting from the use of or inability to use the App, including damages caused by wrong usage of the App, network issues, malware, viruses or any incorrectness or incompleteness of any information or App.
j. Ikinaki does not warrant, endorse, guarantee, or assume responsibility for any review offered by a third party through the App or any hyperlinked services or featured in any banner or other advertising, and Ikinaki will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of review or advertisement. As with the purchase of a product through any medium or in any environment, you should use your best judgment and exercise caution while undertaking any transaction pursuant to any reviews or advertisements displayed on the App and you agree that any damage including personal injury or property damage, of any nature whatsoever shall not be to the account of Ikinaki and Ikinaki disclaims any liability relating thereto.
k. In no event shall Ikinaki be liable for any damages whatsoever whether direct, indirect, punitive, incidental, special or consequential damages and whether based on contract, tort, negligence, strict liability or otherwise, even if Ikinaki has been advised of the possibility thereof.
l. Ikinaki shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a force majeure event and in such case our obligations under these Terms shall be suspended for so long as the force majeure event continues.
m. We do not authorize anyone to make a warranty on Our behalf and you shall not rely on any statement of warranty as a warranty by Us.
n. Ikinaki has no control over the third party generated content and is merely an intermediary (as defined in the Information Technology Act, 2000) for the purposes of these Terms.
G. Jurisdictional Issues/offer redemption in India OnlyThe 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 exclusives that can be redeemed outside of India, and therefore is not responsible for supply of exclusives or offers to the You from or in other locations/Countries other than India.
H. Trademark, Copyright and RestrictionThis 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. Exclusives 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.
These Terms do not constitute a sale or license and do not convey to you any rights of ownership in or related to the App or any intellectual property rights owned by Ikinaki or any third party. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the App.
Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
J. Term and TerminationUnless terminated in accordance with this Part J, this agreement between Ikinaki and You is perpetual in nature.
Ikinaki is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the App) for any reason whatsoever, including:
i. violation or breach of any term of these Terms;
ii. occurrence of misuse the App, in the opinion of Ikinaki;
iii. if required to do so by applicable laws (for example, where the access to and/or provision of the App to you becomes, unlawful); or
iv. the third party, if any, with whom we offered the App to you has terminated its relationship with Us or ceased to offer the related services to Us or to You. Ikinaki is not obliged to give notice of the termination of the agreement in advance. Termination of this agreement will not prejudice accrued rights of either Ikinaki or you. For any further queries regarding your account, please write to Ikinaki at firstname.lastname@example.org, Ikinaki shall endeavour to respond to your queries and to resolve any requests at the earliest possible at Ikinaki’s descretion.
K. Modification of the App and TermsIkinaki reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the App at any time.
Ikinaki shall not be required to notify you of any changes made to these Terms. The revised Terms shall be made available on the App. You are requested to regularly visit the App Terms to view the most current Terms. You can determine when Ikinaki last modified the Terms by referring to the “Last Updated” legend above. It shall be your responsibility to check these Terms periodically for changes. Ikinaki may require you to provide your consent to the updated Terms in a specified manner prior to any further use of the App. If no such separate consent is sought, your continued use of the App, following the changes to the Terms, will constitute your acceptance of those changes. Your use of the App is subject to the most current version of the Terms made available on the App at the time of such use.
L. AssignmentYou shall not assign your rights under these Terms without prior written approval of Ikinaki. Ikinaki can assign its rights under the Terms to any affiliate or third party.
M. Contact UsPlease contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding App.
Malvika Khajuria/Ranu Singh
Flume Innovative Solutions Pvt Ltd.
214, Sikanderpur market, Gurgaon
Phone: +91 9205562262
Time: Mon - Friday (9:00 - 18:00)
All complaints relating to our App, including any unauthorized use of your account or inability to access your account, shall be communicated to the grievance officers, whose details are provided above.
You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the App.
Reporting of any issue needs to be within 7 days of the happening of the issue, failing which, such issues may be entertained only at Our sole discretion.
Ikinaki shall endeavour to respond to your issues within 7 working days of your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Ikinaki shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.
MEMBERSHIP ELIGIBILITYUse 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.
COMMUNICATIONSWhen 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.
CHARGESMembership 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 Inn ovative Solutions Private Limited.
USE OF THE WEBSITEYou 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 share any information which:
a) belongs to another person and to which You does not have any right to;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
c) is misleading in any way;
d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e) harasses or advocates harassment of another person;
f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h) infringes upon or violates any third party's rights [including, but not limited to, 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];
i) promotes an illegal or unauthorized copy of another person's copyrighted work,;
j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
l) contains video, photographs, or images of another person (with a minor or an adult).
m) 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;
o) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
p) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
r) harm minors in any way;
s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
t) violates any law for the time being in force;
u) deceives or misleads the users about the origin of such messages;
v) impersonate another person;
w) 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;
x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
y) shall not be false, inaccurate or misleading;
z) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade 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.
aa) 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;
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic 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.
3. You shall not attempt to gain unauthorized access to any portion or feature of the 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.
4. You shall not probe, scan or test the vulnerability of the Website or any network 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.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(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.
6. You agree not to use any device, software or routine to interfere or attempt to 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.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise 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.
9. You shall at all times ensure full compliance with the applicable provisions of 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.
11. 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.
13. Your correspondence or business dealings with, or participation in promotions of, 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.
14. 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.
15. 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.
16. This Site may include links to other Internet sites maintained by third parties ('Linked Sites'). Ikinaki provides 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.
17. 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.
18. Ikinaki shall have all the rights to take necessary action and claim damages that 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).
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.
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.
If You object to Your Information being transferred or used in this way, please do not use the Website.
Disclaimer of Warranties and LiabilityThis 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.
PaymentWhile 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 pre-set 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 email@example.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 via demand 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 facility using 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 Ikinaki in case of any misuse by User.
8. Refund shall be subject to User complying with Policies.
2. Ikinaki reserves the right to impose limits on the number of Transactions or Transaction 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.
3. Ikinaki reserves the right to refuse to process Transactions by Users with a prior 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.
4. 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.
5. The User acknowledge that Ikinaki will not be liable for any damages, 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.
ReplacementFollowing 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;
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.
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 RestrictionThis 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 DescriptionIkinaki 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.
Contact UsPlease contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
Grievance officerIn 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
Phone: +91 9205562262
Time: Mon - Sat (9:00 - 18:00)
Profanity PolicyIkinaki 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;
ReplacementDefinition: 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
2. 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.