Terms & Conditions
Welcome to Kaamik! Kaamik is the property of and operated by FOODEF PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, having its registered office at No. 29, Kammanahalli Village, Begur Hobli, Bangalore – 560 076 (“Company”).
By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. Kaamik reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Cancellation Policy and the Kaamik Privacy Policy (the “Privacy Policy”), which are incorporated herein.
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
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Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Kaamik. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Kaamik. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property,
publicity or privacy right of another person or entity;
Posting any information which is untrue, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or
otherwise violate any law or regulation;
Attempting to interfere in any way with the Site’s or Kaamik’s network security,
or attempting to use the Site’s service to gain unauthorized access to any other computer system; and
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another website. You may not resell use of, or access to, the Site to any third party without our prior written consent.
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Registration and Passwords
In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
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Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders, or your use of certain portions of the Site, including with respect to ordering, shipping, and return policies, and review guidelines (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
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Site Not for Minors
The Site is available to the registered and unregistered users who are 13 years old and older and who have not been suspended or removed by Kaamik for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms. Use of the Site is void where prohibited by law.
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Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
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The Subscription Contract Between You And Us
Kaamik offers three subscription types: re-billable monthly subscriptions (“One-Month Subscription”); prepaid 3-month subscriptions ("Three-Month Subscription"); prepaid semi-annual subscriptions ("Six-Month Subscription"); prepaid annual subscriptions ("Twelve-Month Subscription");
One-Month Subscription
By purchasing a One-Month Subscription, you expressly acknowledge and agree that (A) your subscription has an initial and recurring payment feature, Kaamik (or our third party payment processor) is authorized to automatically charge your payment method monthly at the then-current subscription rate for your subscription as long as your subscription continues, and (B) your subscription is continuous and will be automatically extended for successive monthly periods until you cancel it.
You may cancel your One-Month Subscription at any time, by logging into your account or emailing us at support@kaamik.com and following the instructions, if any, we provide you in response to your cancellation request. The cancellation of a box shipment should be made 1 business day before the next billing date reflected in your Account Settings. If you cancel your subscription less than 1 business day before your next billing date your cancellation will be taken into account after you have received your box and no refund will be provided. If you cancel, you may use your subscription until the end of your then-current subscription term. Kaamik may submit periodic charges without further authorization from you until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Kaamik reasonably could act.
In the event you cancel your One-Month Subscription, please note that we may still send you promotional communications about Kaamik, unless you opt-out of receiving those communications by following the unsubscribe instructions provided therein.
Three-Month Subscription
By purchasing a Three-Month Subscription, you expressly acknowledge and agree that (A) your subscription has an initial and recurring payment feature for three months of service, Kaamik (or our third-party payment processor) is authorized to automatically charge your payment method for each successive three-month period at the then-current subscription rate for your subscription as long as your subscription continues, and (B) your subscription is continuous and will be automatically extended at the end of the subscription term for successive three-month periods until you cancel it.
You may cancel your Three-Month Subscription at any time, by logging into your account or emailing us at support@kaamik.com and following the instructions, if any, we provide you in response to your cancellation request. The cancellation of a box shipment should be made 1 business day before the your next billing date reflected in your Account Settings. If you cancel your subscription less than 1 business day before your next billing date your cancellation will be taken into account after you have received your box and no refund will be provided. If you cancel, you may use your subscription until the end of your then-current subscription term. Kaamik may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Kaamik reasonably could act.
If you cancel your Three-Month Subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
In the event you cancel your Three-Month Subscription, please note that we may still send you promotional communications about Kaamik, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Six-Month Subscription
By purchasing a Six-Month Subscription, you expressly acknowledge and agree that (A) your subscription has an initial and recurring payment feature for six months of service, Kaamik (or our third-party payment processor) is authorized to automatically charge your payment method for each successive six-month period at the then-current subscription rate for your subscription as long as your subscription continues, and (B) your subscription is continuous and will be automatically extended at the end of the subscription term for successive six-month periods until you cancel it.
You may cancel your Six-Month Subscription at any time, by logging into your account or emailing us at support@kaamik.com and following the instructions, if any, we provide you in response to your cancellation request. The cancellation of a box shipment should be made 1 business day before the your next billing date reflected in your Account Settings. If you cancel your subscription less than 1 business day before your next billing date your cancellation will be taken into account after you have received your box and no refund will be provided. If you cancel, you may use your subscription until the end of your then-current subscription term. Kaamik may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Kaamik reasonably could act.
If you cancel your Six-Month Subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
In the event you cancel your Six-Month Subscription, please note that we may still send you promotional communications about Kaamik, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Twelve-Month Subscription
By purchasing a Twelve-Month Subscription, you expressly acknowledge and agree that (A) your subscription has an initial and recurring payment feature for twelve months of service, Kaamik (or our third party payment processor) is authorized to automatically charge your payment method for each successive twelve-month period at the then-current subscription rate for your subscription as long as your subscription continues, and (B) your subscription is continuous and will be automatically extended at the end of the subscription term for successive twelve-month periods until you cancel it.
You may cancel your Twelve-Month Subscription at any time, by logging into your account or emailing us at support@kaamik.com and following the instructions, if any, we provide you in response to your cancellation request. The cancellation of a box shipment should be made 1 business day before the your next billing date reflected in your Account Settings. If you cancel your subscription less than 1 business day before your next billing date your cancellation will be taken into account after you have received your box and no refund will be provided. If you cancel, you may use your subscription until the end of your then-current subscription term. Kaamik may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Kaamik reasonably could act.
If you cancel your Twelve-Month Subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
In the event you cancel your Twelve-Month Subscription, please note that we may still send you promotional communications about Kaamik, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. -
Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
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Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Kaamik or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All other trademarks are the property of their respective owners. All of our Site's content is Copyrighted by FooDef Private Limited. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Kaamik.
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Contributed Content Guidelines
Kaamik values your engagement. When contributing content, please consider the following guidelines:
By submitting or posting any materials or content on the Site, you grant Kaamik a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Kaamik the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Kaamik will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Falsify or delete 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 impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via support@kaamik.com.
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General Disclaimers
You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, KAAMIK DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Kaamik makes no warranties of any kind regarding any non-Kaamik sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Kaamik makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Kaamik sites. Kaamik does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
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Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
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Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
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Indemnification
You agree to indemnify, hold harmless, and defend Kaamik, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.
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Limitation of Liability
IN NO EVENT SHALL KAAMIK, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF KAAMIK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF KAAMIK, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO KAAMIK IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
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International Use
We control and operate the Site from India. We make no representation that materials on the Site are appropriate or available for use outside the India. If you choose to access this Site from outside the India, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
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Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
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Copyright Infringement; Notice and Take Down Procedures
Kaamik specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Kaamik will process notices of alleged infringement that it receives and will take appropriate action.
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Severability
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. -
Waiver; Remedies
The failure of Kaamik to partially or fully exercise any rights or the waiver of Kaamik of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Kaamik or be deemed a waiver by Kaamik of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Kaamik under these Terms and any other applicable agreement between you and Kaamik shall be cumulative, and the exercise of any such right or remedy shall not limit Kaamik’s right to exercise any other right or remedy.
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Customs & Duties
By creating an account and placing an order on Kaamik, all international customers recognize they are liable for any customs, duties, taxes or fees that may incur. The recipient of the shipments must comply with all rules and regulations of the destination country. The recipient of said international shipments may be subject to import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Kaamik has no control over these charges, nor can Kaamik predict what they may be.
The recipient of the shipment is the importer of record in the destination country and is responsible for all Import duties, taxes, and fees, the clearance of said merchandise, and the process and remittal.
You (the recipient) are responsible for any duties and fees that may incur and Kaamik will not refund or pay for said fees.