Last updated: 5^th September, 2022

This document is an electronic record as contemplated under Section 2(t) of the Information Technology Act, 2000 and the rules thereunder.

1. INTRODUCTION

www.kosala.com (“Website”) is owned and operated by Kosala Livelihood and Social Foundation, a company incorporated under the provisions of the Indian Companies Act, 2013 having CIN: U85300CT2021NPL011214 and registered office at IV V Coal Block Gare Pelma Vill, & Po Milupara Tah Tamnar, Raigarh, Chhattisgarh- 496001 (“Kosala”/ “us”/ “we”).

These Terms and Conditions (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of the Website (www.kosala.com) and the purchase of products on it (“Terms”). For the purpose of this document, “User” / “Users“/ “you” shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with and/or transact at the Website in any way.

We urge the Users to read these Terms, the Privacy Policy (hereinafter, collectively referred to as the “Agreement”) carefully before using this Website. The Privacy Policy governs the use of the Website by the User and explains how Kosala collects, safeguards and discloses information. Accessing, browsing or otherwise using the Website will be construed as User’s unequivocal and irrevocable acceptance and acknowledgement to the Agreement. By using this Website, the User declares to have carefully read, understood and agree to be bound by the Agreement.

2. COMMUNICATIONS

By using the Website, the User agrees to subscribe to newsletters, marketing or promotional materials and other information that Kosala may send. However, the User may opt out of receiving any, or all, of these communications by emailing kosala.foundation@gmail.com

3. PURCHASES AND PAYMENT

User shall use a valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website (“Purchases”). All payments for Purchases made by the User on the Website shall only be in Indian Rupees.

User represents and warrants that: (i) it has the legal right to use any card(s) or other payment method(s) in connection with any Purchases; and that (ii) the information the User supplies to Kosala is true, correct and complete. The User shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong details detail/ information relating to its credit / debit and/ or any other payment cards or online banking accounts.

Kosala may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting its information, the User grants Kosala the right to provide the information to these third parties. User will be redirected to User issuing bank’s site, where User will have to follow the instruction to complete the payment. Users understand and acknowledge that all payments made by the Users using valid credit card/ debit card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same will be governed by a separate set of terms and conditions agreed between the User and the respective issuing Bank and payment instrument issuing company.

Payments can sometimes fail or remain in the pending stage. In the event the User faces any payment related issue, it shall try placing the order again or contact their bank or issuer for technical assistance. Kosala shall not liable for any loss or inconvenience caused to the User when making payment or for any wrongful debits to the User’s cards or net banking accounts.

Requirements of Permanent Account Number (PAN) – For all the Purchase for an amount equal to or exceeding INR 2,00,000/- (Indian Rupees Two Lakhs only), the User will be required to upload a copy of its PAN card, within such time as may be prescribed from the date of Purchase, failing which, the Purchase made by the User will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between User’s name in the account with Kosala and the name printed on the PAN card.

Invoice will be provided to the User along with the products, when delivered. Pursuant to the prevailing rules and regulations in force, all Purchase are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.

4. DELIVERY

Kosala uses trustworthy national partners to ensure that the User’s package reaches it safely and timely and the User is able to successfully track the order to know about its status. Once the payment is completed on the Website and User has selected its preferred shipping partner, Kosala will provide the User with a link to track its package.

User will be required to pay shipping charges in addition to the order value amount. The shipping charges, will appear at the time of checkout. Shipping charges may vary according to pin codes as well as type of product. The shipping charges will not be reimbursed in case of return. The shipping charges are inclusive of the handling, packing and postage charges. In order to ensure that the User does not end up paying shipping fees individually on packages – User should order multiple products together so that they are grouped. Two distinct orders cannot be grouped if the orders are individually and separately placed.

The products shall be protectively packed and the logistic service provider will deliver the shipment to the User within the working hours of a standard week cycle: Mon – Sat, from 9 am to 7 pm. Please note that working days are exclusive of any public or bank holidays which may affect delivery cycles.  For the purpose of effecting the delivery, the delivery person may connect with the User before the delivery. Deliveries cannot be rescheduled after the order has been placed. The said logistics service provider will make a maximum of 3 (three) attempts to deliver the User’s order. In case, the User is not reachable, available or does not accept delivery of products in these attempts, Kosala reserves the right to cancel the order at its discretion. The User may be informed of such cancellation by email or SMS at the email address or mobile number provided to Kosala. The User agrees not to hold Kosala liable for any cancellation.

User’s shipping address and pin code will be verified with the database of Kosala before User proceeds to pay for its Purchase. In the event the order is not serviceable by Kosala’s logistics service providers or the area is not covered, Kosala will request the User to provide with an alternate shipping address. The User must ensure the payment and shipping address is within India. The User shall be responsible for accepting and collecting the package from the alternative address, once the said alternative address has been submitted by the User. Confirmation from the logistics service provider of successful delivery to the shipping address or the alternative shipping address shall be deemed as acceptance of delivery by the User and Kosala will have no liability in this regard. Title and risk of loss for all products ordered by the User shall pass on to the User upon delivery of the products at the shipping address or the alternative address provided by the User.

Kosala will endeavor to send the order consisting of the product(s) listed in each order confirmation prior to the date indicated in the order confirmation or, if no delivery date is specified, in the estimated time frame indicated when selecting the delivery method and, in any case within a maximum period of 30 (thirty) days from the date of the order confirmation.

If the estimated delivery date has passed and the User has still not received their order, please contact kosala.foundation@gmail.com and Kosala will take steps to track the User’s package. The Users shall check their emails and SMS regularly for such updates. Kosala will not compensate for any mental agony or inconvenience or loss caused due to delay delivery for any reason.

5. RETURN POLICY

It happens to the best of us that at times when we see a product in reality – we tend to be a bit dissatisfied! While such cases might be extremely rare with Kosala – we would definitely want you to be completely satisfied with the products. For returning an item – you can initiate a return process by clicking on your ‘My Account’ section on the Website. Select the order number and the reason for return and the return shipment will then be arranged by Kosala. Kosala shall accept requests for returns only within the 7 (seven) calendar day period from the date of receipt of the product by the User (“Return Window”). In case of a manufacturing defect, please send us pictures of the defective product on kosala.foundation@gmail.com and we’ll immediately look into it. Post expiry of the said Return Window, Kosala shall not be obliged to accept the returned product or be liable in this regard.

Products should be returned unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original packaging defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and no reimbursement shall be done. The User shall ensure that the return packages are adequately packaged so that there is no damage of products during transit.

Kosala shall verify the authenticity and the nature of the request and if the request is genuine, Kosala shall arrange for pick-up of the product through an assigned logistics service provider and User’s refund shall be processed upon the receipt and quality check of the returned product. It may take a minimum of 7 (seven) to 10 (ten) working days to process User’s request for return of products. The User shall receive an email or SMS notification at their email address or mobile number provided to Kosala. If the product passes the quality checks, the User will receive complete refund. The refund will always be paid using the same payment means User used to pay for its purchase.

Kosala reserve the right to refuse or cancel any return request, in which event the User will not be refunded the payment made or any costs and will not be able to raise a second request for return for the same product. Kosala’s decision regarding the refusal or cancellation shall be final and binding on the parties and User further agree not to hold us liable for any refusal or cancellation. In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, Kosala reserves the right to take necessary legal actions against the User and the User will be solely liable for all costs incurred by Kosala in this regard.

6. CANCELLATION POLICY

Cancellation of an order can be done by the User or by Kosala as mentioned herein.

Cancellation by Kosala:

Kosala has the discretion to cancel an order. The reasons for cancellation shall inter alia include without limitation the following:

1. User’s failure to comply with the Agreement or breach of any of the policies / terms referred herein;
2. Technical errors or issue;
3. Any reason relating to credit / fraud avoidance;
4. Invalid address or wrong address is provided by the User in order details;
5. Malpractices used to place the order;
6. Bulk order is placed for the likely commercial resale;
7. Multiple orders are placed for same product at the same address;
8. Order is undelivered after 3 (three) attempt; and
9. Incorrect pricing or specifications on any product is shown on the Website due to any technical glitch.

Notwithstanding anything contained herein, Kosala reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, the User shall receive a notification on its registered email or mobile number provided to Kosala.

Kosala reserve the right to remove any product from the Website at any time and to remove or modify any material or content from the same. There may also be exceptional circumstances that force Kosala to refuse to process an order after having sent the order confirmation. Kosala reserves the right to do so at any time without being liable to the User or to any third party.

All product orders are subject to availability. If there are difficulties regarding the supply of products or there are no more items left in stock, Kosala shall provide the User with information on substitute products of the same or higher quality and value that the User may order. If the User does not wish to order the substitute products, Kosala will reimburse the amount paid by the User.

Cancellation by User:

Prior to the product being shipped for delivery, the User may cancel an order for any reason, on the Website. No cancellation is permitted subsequently. If an order has been successfully cancelled, User will be sent a confirmation email or SMS at the registered email address or mobile number. Kosala reserves the right to accept or reject requests for order cancellations for any reason whatsoever. User agree not to hold Kosala liable for any rejection of order cancellations. User shall receive a refund for the cancelled orders that have been accepted in accordance with the Refund Policy.

7. REFUND POLICY

Time period for refund:

Refunds shall normally be processed within 7(seven) to 10 (ten) working days after the favourable completion of quality checks of product returned and further depends on various banking and payment channels. Kosala shall not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.

Mode for refund:

Refunds shall be paid back to the source of payment. Refunds will not be processed to third-party accounts, i.e. the name provided in the User Account should match with the name of the bank account holder provided for refund via NEFT. A refund initiation confirmation shall be sent to the registered email address or mobile number of the User.

Terminated Payment Mode:

If the original payment method used to make the payment (credit or debit card or net banking) is no longer valid, Kosala will issue the refund through a cheque. In case of any failure of payment, a cheque may be issued to the address mentioned by User to proceed with the refund post discussion with the User through the registered mobile number or email address.

User explicitly give your consent to receive communications (by SMS, email or other mode of communication). However, User may withdraw such consent any time at your sole discretion.

8. CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Website shall be governed by rules that are separate from these Conditions. If the User participate in any Promotions, User shall review the applicable rules as well as the Privacy Policy. If the rules for a Promotion conflict with these Conditions, Promotion rules will apply.

9. CONTENT

Content found on or through this Service are the property of Kosala or used with permission. User shall not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Kosala.

10. PROHIBITED USES

User may use the Website only for lawful purposes and in accordance with the Agreement. Kosala agrees not to use the Website:

1. In any way that violates any applicable national or international law or regulation;
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
4. To impersonate or attempt to impersonate Kosala, a Kosala employee, another user, or any other person or entity;
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Kosala, may harm or offend Kosala or users of Website or expose them to liability.

Additionally, User agrees not to:

1. Use Website in any manner that could disable, overburden, damage, or impair Website or interfere with any other party’s use of Website, including their ability to engage in real time activities through the Website;
2. Use any robot, spider, or other automatic device, process, or means to access Website for any purpose, including monitoring or copying any of the material on Website;
3. Use any manual process to monitor or copy any of the material on Website or for any other unauthorized purpose without prior written consent of Kosala;
4. Use any device, software, or routine that interferes with the proper working of the Website;
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Website or the server on which Website is stored, or any server, computer, or database connected to Website;
7. Attack Website via a denial-of-service attack or a distributed denial-of-service attack;
8. Take any action that may damage or falsify Kosala’s or Website’s rating;
9. Otherwise attempt to interfere with the proper working of the Website.

11. ANALYTICS

Kosala may use third-party service providers to monitor and analyse the use of the Website.

12. ELIGIBILITY

Website is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Website, the User warrants and represents that the User is at least eighteen (18) years of age and with the full authority, right, and capacity to enter into the Agreements and shall abide by all of the terms and conditions of the Agreement. If a User is under eighteen (18) years of age who is intending to avail the services of the Website, should do so through its legal guardian in accordance with applicable law. If User is using the Website on behalf of any corporation, company, institution, association or other entity, the User should be authorized by such corporation, company, institution, association or other entity to use and access the Website.

13. ACCOUNT

User may be required to register and set up an account (“Account”) for using the Website by furnishing all relevant information, as sought on the Website. User shall ensure that the information provided by the User is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of the Account from the Website.

The User shall be responsible for maintaining the confidentiality of your Account and password, including, but not limited to the restriction of access to User’s computer/ other devices and/or Account. User agrees to accept responsibility for any and all activities or actions that occur under its Account and/or password, whether the password is with the Website or a third-party website. The User must notify Kosala immediately upon becoming aware of any breach of security or unauthorized use of its Account.

The User shall not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the User, without appropriate authorization. The User shall not use as a username any name that is offensive, vulgar or obscene. The User can create one Account only and it is not permitted to transfer or interchange such Account to/ with any other person

14. INTELLECTUAL PROPERTY

The User recognises and agrees that all copyright, registered trademarks and other intellectual property rights (collectively, the “IPR”) on all materials or contents provided as part of the Website belongs to Kosala at all times or to those who grant Kosala the license for their use. The IPR shall not be used by the User without the prior written consent of Kosala or its licensors. This does not prevent the User from using the Website to the extent necessary to copy the information on the User’s order or contact details.

15. FEEDBACK

User may reach Kosala directly at:
Name: Ms. Tejaswini Yalawar
Contact Number: +919538669170
Email: kosala.foundation@gmail.com

with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to the Website and the services (“Feedback”). User acknowledges and agrees that: (i) User shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Kosala may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from User or any third party; and (iv) Kosala is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, User shall grant Kosala and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

16. LINKS TO OTHER WEB SITES

The Website may contain links to third party web sites or services that are not owned or controlled by Kosala. Kosala has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Kosala does not warrant the offerings of any of these entities/individuals or their websites. User acknowledges and agrees that Kosala shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. Kosala strongly advises the User to read the terms of service and privacy policies of any third party web sites or services that User may visit.

17. DISCLAIMER OF WARRANTY

User expressly agrees that its use of the Website, its content, and any services or items obtained from Kosala shall be at the sole risk of User. Neither Kosala nor any person associated with Kosala makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither Kosala nor anyone associated with Kosala represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet the needs or expectations of the User. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

18. LIMITATION OF LIABILITY

All product descriptions, information and materials shown on Website are provided by Kosala on an “as is” and “as available” basis, and no representations or warranties of any kind, express or implied are made. To the extent permitted by law, all warranties are excluded, except those that may not be excluded legitimately. Kosala shall not be responsible for any direct, indirect, consequential, actual, monetary, incidental etc. or any other kind of damages or losses to the customer or User of the products purchased or acquired through this Website, except the refund of the amount of purchase price of the goods/ products purchased or acquired through this Website.

The User agrees to indemnify and hold harmless, Kosala including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of Kosala’s service or Additional terms or these Conditions or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the conclusion or cancellation of transaction on the Website or the removal or termination of these Conditions.

19. TERMINATION

Kosala may terminate or suspend/ blacklist User Account and bar access to the Website immediately, without prior notice or liability, under its sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreements. If User wishes to terminate its Account, User may simply by deleting its User Account. Post said termination, the User’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Kosala’s service or additional terms or these Conditions and the Privacy Policy shall continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, Kosala shall have the right to take appropriate actions against the User. The User shall also be liable to compensate Kosala for any unauthorized use of the Website. All provisions of the Conditions which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

20. FORCE MAJEURE

Notwithstanding anything contained in these Agreement or elsewhere, Kosala shall not be held responsible for performance of its obligations or for any loss, damage to User if such loss, damage is attributable to a Force Majeure Event. A “Force Majeure Event” means any event that is beyond Kosala’s control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption or any event which affects the ability of Kosala to fulfil its obligations under the Agreement.

It shall be understood that Kosala’s obligations deriving from the Agreement shall be suspended during the period in which Force Majeure Event remains in effect and Kosala shall be given an extension of the period to fulfil these obligations by such time during which Force Majeure Event lasted. Notwithstanding anything contained herein, Kosala shall not be responsible or liable to the customer or user for non-delivery or non-refund or for any of its obligations during the Force Majeure Event. However, Kosala would make all reasonable efforts and endeavor to fulfill its obligations despite the situation of Force Majeure Event.

21. LOCATION BASED SERVICES

Basis the permission granted by the User in respect of tracking the location, the Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi or bluetooth to determine the User’s approximate location to provide the User, location based Services.

22. GOVERNING LAW

The Agreement shall be governed and construed in accordance with the laws of Mumbai, India, which governing law applies to Agreement without regard to its conflict of law provisions.

23. CHANGES TO WEBSITE

Kosala reserves the right to withdraw or amend the Website, and any service or material provided via Website, in its sole discretion without notice. Kosala will not be liable if for any reason all or any part of Website is unavailable at any time or for any period. From time to time, Kosala may restrict access to some parts of Website, or the entire Website, to users, including registered users.

24. AMENDMENTS

Kosala may amend the Agreement at any time by posting the amended terms on this Website. User shall be responsible to review the Agreement periodically. By continuing to access or use the Website after any revisions become effective, User agrees to be bound by the revised terms. If User does not agrees to the new terms, the User will no longer be authorized to use the Website.

25. WAIVER AND SEVERABILITY

No waiver by Kosala of any term or condition set forth in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kosala to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Agreement will continue in full force and effect.