Terms and Conditions

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Welcome to Kadigai

Kadigai offers the content and services on this website subject to the following Terms and Conditions, including our Privacy Policy, Payment Policy, and any other terms and conditions or policies related to specific features, functionalities, promotions, or customer service provided on the site. All such elements are considered part of these Terms and Conditions (collectively, “Terms and Conditions”). By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions without any limitations or qualifications. Please review these terms carefully before proceeding.

PRIVACY

Privacy For a clear understanding of our privacy practices, please review our Privacy Policy.

Payment Policy
Please refer to our Payment Policy for detailed information on the purchase process for our products.

International shipping orders may incur local duties and taxes, which are the customer’s responsibility to pay.

Products and Services for Personal Use
The products and services offered on this website, including any samples provided, are intended solely for personal use. Reselling or distributing any products, services, or samples received from us is prohibited. We reserve the right, with or without prior notice, to cancel or reduce the quantity of any products or services if we believe, at our sole discretion, that such action is necessary to prevent a violation of our Terms and Conditions.

Accuracy of Information
We strive to ensure that product descriptions on our website are accurate. However, to the extent permitted by applicable law, we do not guarantee that product descriptions, colors, information, or other content on the website are accurate, complete, reliable, current, or error-free.

Limited Licenses

We grant you a limited, revocable, non-exclusive license to access and make personal use of the Kadigai website. This license does not permit you to:

(a) Frame or use framing techniques to enclose the website or any part of it. (b) Republish, redistribute, transmit, sell, license, or download the website or any content (except for caching or necessary viewing). (c) Use the website or any content for purposes other than personal use. (d) Modify, reverse engineer, or create derivative works based on the website or any content. (e) Collect account information for personal or third-party use. (f) Use meta tags or any other “hidden text” utilizing the content. (g) Employ software robots, spiders, crawlers, or similar tools to gather or extract data, or otherwise impose an unreasonable burden on our infrastructure.

You must retain all proprietary notices on the website or affixed to or contained within the website without modification.

Additionally, we grant you a limited, revocable, non-exclusive license to create a hyperlink to the website’s home page for personal, non-commercial use only. Any website linking to our site must:

(i) Link to, but not replicate, our content. (ii) Not imply endorsement by us of the linking site, its services, or products. (iii) Not misrepresent its relationship with us. (iv) Not include content that is distasteful, obscene, offensive, controversial, or inappropriate for any age group. (v) Not portray us or our products or services in a false, misleading, derogatory, or otherwise objectionable manner, nor associate us with undesirable products, services, or opinions. (vi) Only link to the home page of our website.

We reserve the right to request the removal of any link to our website at our sole discretion. Upon receiving such a request, you must promptly remove the link and cease any further linking unless expressly authorized in writing by us to resume.

Any unauthorized use of the Kadigai website or content will automatically terminate the limited licenses granted herein and may subject you to legal remedies available under applicable law and these Terms and Conditions.

Intellectual Property

All information and content available on this website, including its design and layout, trademarks, logos, service marks, text, graphics, icons, images, audio clips, data compilations, and software (collectively referred to as the “Content”), are the property of Kadiagi, our affiliates, partners, or licensors. This Content is protected under Indian intellectual property laws and other applicable regulations.

Except as explicitly permitted by the limited licenses outlined in Section 5 or as required by applicable law, no part of the Content or the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited for any purpose without our express prior written consent.

User Content

When you transmit, upload, post, email, or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages, or other materials (collectively, “User Content”) on the website, you assume full responsibility for such User Content. This User Content is considered a Submission as outlined in below, meaning that you and not we are solely responsible for the User Content you post.

You agree not to transmit, upload, post, email, or otherwise make available User Content that: (a) Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; (b) You do not have the right to make available under any law or contractual obligation; (c) You know to be false, inaccurate, or misleading; (d) You were compensated for or received consideration from any third party; (e) Infringes any patent, trademark, trade secret, copyright, or other proprietary or intellectual property rights of any party.

Additionally, you agree not to transmit, upload, post, email, or otherwise make available any software viruses, unsolicited or unauthorized advertising, promotional materials, including chain letters, mass mailings, or any form of “spam.” You further agree not to: (i) Impersonate any person or entity, or falsely represent your affiliation with any person or entity; (ii) Stalk, harass, or harm any third party, including minors; (iii) Forge headers or otherwise manipulate identifiers to disguise the origin of any User Content; (iv) Intentionally or unintentionally violate any applicable local, state, national, or international law; (v) Collect or store personally identifiable information about other users.

We do not endorse or control User Content posted on the Kadigai website and do not guarantee the accuracy, integrity, or quality of such content. You acknowledge that by using the website, you may encounter User Content that is offensive, indecent, or objectionable. We are not liable for any User Content, including errors or omissions in such content, or for any loss or damage incurred as a result of using any User Content.

We reserve the right, at our sole discretion, to refuse to post or remove any User Content. We may change, condense, or delete any User Content and remove any content that violates these Terms and Conditions or is otherwise objectionable. We also reserve the right to refuse service without notice to users who violate these Terms and Conditions or infringe upon the rights of others.

Submissions

We generally do not accept unsolicited suggestions and ideas. However, any inquiries, feedback, suggestions, ideas, or other information you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. In accordance with our Privacy Policy, by transmitting or posting any Submission, you grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell, or assign the Submission in any manner we deem appropriate. This includes, but is not limited to, copying in whole or in part, creating derivative works, distributing, and displaying the Submission in any form, media, or technology, whether currently known or developed in the future, either alone or as part of other works, or using the Submission in connection with our products or services. You also acknowledge that your Submission will not be returned and that we may use it, including any ideas, concepts, or know-how contained therein, without any payment or other consideration, for purposes such as developing, manufacturing, distributing, and marketing products.

By making a Submission, you represent and warrant that you own or otherwise control the rights to the Submission. You also represent and warrant that the Submission does not contain software viruses, commercial solicitations, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us about the origin of any Submission. You agree to indemnify us against all claims arising from or related to any claims of rights in any Submission or any damages resulting from any Submission.

Special Features, Functionality, and Events

Kadigai may provide certain special features, functionalities, or events, such as contests, promotions, or other offerings. These may be subject to additional terms of use, rules, and/or policies beyond or in place of these Terms and Conditions. These offerings may be provided by us or by third parties. If this is the case, we will inform you accordingly. By participating in these offerings, you agree that your use will be governed by the relevant additional or separate terms of use, rules, and/or policies.

Third-Party Links

We are not responsible for the content of any external websites or pages linked to or from the Kadigai website. Links provided on our site are for convenience only and do not constitute an endorsement by us, our affiliates, or our partners of the linked content, products, services, or suppliers. Accessing or using these external websites is at your own risk.

We do not evaluate or warrant the offerings of any external sites linked to or from our website, nor do we assume any responsibility or liability for the actions, content, products, or services of such sites, including their privacy policies and terms and conditions. We recommend that you carefully review the terms and conditions and privacy policies of any external websites you visit.

Your Obligations and Responsibilities

When accessing or using the Kadigai website, you must comply with these Terms and Conditions and any specific warnings or instructions posted on the site. You are required to act in accordance with the law, established customs, and in good faith at all times. You must not alter or modify the website, its Content, or any services provided, nor should you interfere with the integrity or functionality of the website.

Without limiting any other provisions of these Terms and Conditions, you will be liable for any losses or damages caused to Kadigai, our affiliates, partners, or licensors resulting from negligent or willful breaches of these obligations.

Representations, Warranties, and Limitation of Liability

The Kadigai website is provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, regarding these Terms and Conditions or the site, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except as legally required.

To the fullest extent permitted by applicable law, we shall not be liable for any:

(a) Interruption of business; (b) Delays or interruptions in accessing the site; (c) Data non-delivery, mis-delivery, corruption, destruction, or modification; (d) Loss or damages incurred due to dealings with or the presence of external links on the website; (e) Computer viruses, system failures, or malfunctions related to your use of the site, including during links to or from third-party websites; (f) Inaccuracies or omissions in content; (g) Events beyond our reasonable control.

Kadigai’s personal care products are based on natural and Ayurvedic formulations. Despite our extensive efforts and precautions to ensure product safety, certain ingredients may cause allergic reactions in some individuals or adversely affect those with pre-existing medical conditions. It is your responsibility to review ingredient lists and usage instructions provided with each product to ensure they are safe for you. We recommend seeking professional medical or dermatological advice before using any product to which you may be allergic. Kadigai is not responsible for any issues related to product use, including allergic reactions. For purchases made through Kadigai, the limitations of liability and disclaimers detailed in the product packaging or leaflets will apply.

Furthermore, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages, including lost profits, related to the website or your use thereof, regardless of the legal theory (contract, tort, including negligence, or otherwise), even if we have been advised of the possibility of such damages. Our maximum aggregate liability shall not exceed INR 2,000.

You agree that any claims or actions arising from or related to your use of the website or these Terms and Conditions must be brought within six months from the date the cause of action arose.

Copyright Complaints

We respect the intellectual property rights of others. If you believe that copyrighted material has been copied in a manner that constitutes copyright infringement, please notify us by email or written notice. In your notification, please provide the following details:

(i) Identification of the copyrighted work(s) that you claim has been infringed, and confirmation that you are the copyright owner or authorized to act on behalf of the copyright owner; (ii) A description of the material you believe is infringing and its location on the website; (iii) Your address, telephone number, and email address.

Send this information to:  care@kadigai.in

Note: The contact information provided above is intended solely for reporting potential copyright infringements. For all other inquiries, please reach out to our customer service team at: care@kadigai.in

Consent to Receive Notices Electronically

By using this website, you consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) from us electronically. This includes communications sent via email or posted on this website. You agree that all Notices provided electronically fulfill any legal requirement that such communications be in writing in English.

If you wish to withdraw your consent to receive Notices electronically, you must notify us by emailing care@kadigai.in and cease using the website. Upon withdrawal of consent, all rights granted to you under these Terms and Conditions, including the limited licenses outlined, will automatically terminate. Please note that we cannot offer the benefits of this website to users who do not consent to receiving Notices electronically.

This consent to receive Notices electronically is distinct from any preferences you may have regarding marketing communications. Your options for receiving marketing communications are detailed in our Privacy Policy.

E-Gift Card Terms and Conditions

1. Value and Validity

1. • The gift card can be loaded in increments of INR 500, with a minimum value of INR 1000.
   • It is valid for six months from the date of issuance. Any unused balance will not be refunded or credited after the expiration date.

2. Redemption

1. • The gift card can be redeemed only at exclusive Kadigai stores or on www.kadigai.in.
   • It may be used in full or partially but cannot be redeemed for cash or credit.

3. Terms and Amendments

1. • Kadigai reserves the right to modify these terms and conditions or discontinue the gift card at its discretion.
   • The gift card is non-replaceable, and no refunds or compensations will be provided for damaged, mutilated, or lost cards.

4. Disputes

1. • Any disputes related to the gift card or its use will be governed by Indian law and are subject to the jurisdiction of the courts in Delhi.

5. Restrictions

1. • The gift card is not legal tender and cannot be recharged or revalidated.
   • No loyalty points will be awarded for transactions involving the gift card.
   • It cannot be combined with other promotions or benefits.

Disputes

Any dispute arising from or related to the website, including rights and obligations under these Terms and Conditions, will be governed by the laws of India, and will be subject to the jurisdiction of the courts in Chennai, Tamil Nadu, India. This applies as if these Terms and Conditions were fully executed and performed within Chennai, Tamil Nadu, India, not withstanding any foreign legal requirements.

To the fullest extent permitted by applicable law, any disputes, differences, or claims arising from your visit to the Kadigai website will be referred to a sole Arbitrator appointed by the Chairman and Managing Director of Kadigai. The arbitration will be conducted in Chennai, Tamil Nadu, India, and the Arbitrator’s award will be final and binding on all parties. This award may be entered as a judgment in any court of competent jurisdiction. Arbitration under these Terms and Conditions cannot be consolidated with arbitration involving other parties or subject to class arbitration proceedings.

If arbitration is not permitted by applicable law, any disputes related to your visit to the website shall be submitted to an appropriate court in Chennai, Tamil Nadu, India, without affecting the applicable law and provisions of this Section. We reserve the right to seek injunctive or other appropriate relief in any court if there is a violation or threatened violation of our intellectual property rights. You consent to the exclusive jurisdiction and venue of such courts.

Indemnification

You agree to defend, indemnify, and hold Kadigai, its affiliates, and its respective officers, directors, employees, and agents harmless from any loss, damages, or costs, including reasonable attorneys’ fees, arising from any third-party claim, action, or demand resulting from your use of the Kadigai website or your breach of these Terms and Conditions. Additionally, you agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of automated tools such as software robots, spiders, crawlers, or similar data-gathering methods, or from any other action that places an unreasonable burden or load on our infrastructure.

Free Trial Terms and Conditions

1. Limitations on Samples
   • The Free Trial offer is limited to a maximum of 3 samples per order.
   • Only one Free Trial order may be placed at a time.
   • A single customer is eligible to order up to a maximum of 3 Free Trials.
2. Order Restrictions
   • Free Trial orders cannot be combined with the purchase of full-size products. For any other purchases, a separate order must be placed from the same account.
3. Modifications and Withdrawal
   • Kadigai reserves the right to modify, add, or delete any terms and conditions related to the Free Trial promotion at its discretion. The promotion may be withdrawn or limited at any time.

General

1. Complete Agreement
   • These Terms and Conditions represent the entire and exclusive agreement between you and Kadigai regarding your use of the website, superseding all previous proposals, agreements, or communications.
2. Modifications
   • We reserve the right to modify these Terms and Conditions at any time by posting changes on the website and providing notice of such changes. Any modifications become effective immediately upon posting and notification. Your continued use of the website constitutes your acceptance of the revised Terms and Conditions. We may terminate any rights granted under these Terms and Conditions with or without prior notice. You must comply with any termination notice promptly, including ceasing all use of the website if applicable.
3. No Agency or Partnership
   • Nothing in these Terms and Conditions shall be construed as creating an agency, partnership, or other joint venture between us. Our failure to enforce any provision of these Terms and Conditions does not waive our right to enforce such provisions in the future. Similarly, a waiver of any breach of these Terms and Conditions does not constitute a waiver of the provision itself.
4. Severability
   • If any provision of these Terms and Conditions is found to be unenforceable or invalid by an applicable court or arbitral award, such provision will be modified by the adjudicating entity to reflect the original intent as closely as possible, without affecting the enforceability or validity of the remaining provisions.
5. Contact Information
   • For any questions regarding these Terms and Conditions, please contact us at: care@kadigai.in.

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