The Web Bases Application (as defined hereinafter), and the Website (as defined hereinafter) are provided by Ksepiyas Private Limited (“Ksepiyas”), company incorporated under the laws of Companies Act, 2013 having CIN U72501UP2018PTC100963. In these Terms of Service, the term "User" or “You” refers to you, the Person or entity using the Web Based Application, the Website and/or procuring any goods, service, or product from Ksepiyas. It is clarified that in case of a company, partnership, trust, or any other legal entity which uses or accesses the Services or the Ksepiyas Products, "User" shall include such company, partnership, trust, or any other legal entity;

Ksepiyas offers the Web Based Application, Website, platform, and any other services conditioned upon the User’s acceptance of all terms, conditions, policies, and notices stated here. By procuring a service from Ksepiyas, or by use of the Web Based Application, Website or platform, the User agrees to be bound by these terms and conditions ("Terms of Service" or "Terms"), as applicable, to the use of the Web Based Application, Website, platform, and any services provided by Ksepiyas.

Please note that by use of the Web based Application, Website and any services provided by Ksepiyas, the User also agree to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation Ksepiyas’ Privacy Policy, Acceptable Use Policy, Cancellation and Refund Policy, Referral Policy and other policies of Ksepiyas and the rules applicable to each Ksepiyas Products or Services.

These Terms of Service apply to all users of the Web based Application, Website, platform, and any services provided by Ksepiyas, except as may be specifically agreed otherwise in writing.

Please read these Terms of Service carefully before accessing or using the Web based Application, Website, Store, and any services provided by Ksepiyas. By accessing or using any part of the Web Based Application, Website, Store or by the use of any services provided by Ksepiyas, the User agree to be bound by these Terms of Service. If the User does not agree to all the Terms of Service of this agreement, then the User may not access the Web Based Application, Website, platform or use any products, application or services provided by Ksepiyas. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service.

Any new product or services provided by Ksepiyas, or any new features or tools which are added to the Web Based Application, Website, Store shall, unless specifically stated otherwise, be subject to these Terms of Service. The User can review the latest version of the Terms of Service at any time at this page. Ksepiyas reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Ksepiyas’ application, website or platform. It is the User’s responsibility to check the said link periodically for changes. Following the posting of any changes, the User’s continued use of or access to the Web based Application, Website, Store or any other products or services from Ksepiyas, constitutes acceptance of such revised Terms of Service.

1. Privacy Policy

These Terms of Service refer to, incorporate, and include the privacy policy of Ksepiyas which sets out the terms on which Ksepiyas process any personal data Ksepiyas collects from the User, or that the User provides to Ksepiyas. By using the Ksepiyas Products, the User consents to such processing and the User warrants that all data provided by the User is accurate. The latest version of the Privacy Policy can be accessed at Privacy Policy Link.

2. About us

The Ksepiyas Products provide access to invoicing, business and accounting management and online store services through the Web based Application, Website and Store.

3. Definitions

Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:

“Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time;

“Content” shall mean any content published, uploaded, shared, distributed or transmitted by the User on Ksepiyas Products including the products listed on the Store by the User and their descriptions, prices, and any other content uploaded;

“Web based Application” means the computer application developed by Ksepiyas for availing the Services;

“Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive, or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange;

“Fees” means the fee payable for availing of the Services, as specified by Ksepiyas.

“Ksepiyas Products” means, collectively, the Web based Application, Website, and any other products provided by Ksepiyas to the Users from time to time;

“Intellectual Property Rights” means:

• patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in know-how and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
• rights under licenses, consents, order, or statutes or otherwise in relation to a right under paragraph
• rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist;
• the right to sue for past infringements or any of the foregoing rights.

“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law;

“Services” means the invoicing, business and accounting management, online store services provided by Ksepiyas to a User through the Web based Application, Website, Store, and any other Ksepiyas Products from time to time;

“Store” shall mean a web-based platform provided by Ksepiyas to a User which facilitates such User’s display, sale, and payments for goods and services.

“Website” means the website or web links provided by Ksepiyas for availing the Services.

4. Changes to the Terms of Service

• Ksepiyas may revise these Terms of Service at any time by amending this page. The User must check this page from time to time to take notice of any changes made to these Terms, as they are binding on the User.
• Ksepiyas may, without prior notice, change the Services or the Ksepiyas Products; add or remove functionalities or features; stop providing the Services or the Ksepiyas Products, or features of the Services or the Ksepiyas Products, to the Users (specifically and generally); or create usage limits for the Services or the Ksepiyas Products.

5. Acceptance of the Terms of Service

• The User agrees that the User shall be bound by these Terms by accessing or using the Ksepiyas Products, or by otherwise availing of the Services from Ksepiyas. If the User does not accept these Terms of Service, the User shall not open an account for availing of the Services or using the Ksepiyas Products.
• For the User’s use of the Ksepiyas Products and Services, Ksepiyas grants the User a limited, non-exclusive, non-transferable right to install and / or use the Ksepiyas Products. However, the User shall not copy the Ksepiyas Products or any of its components.
• Ksepiyas also grants the User a non-exclusive, non-transferable license to access such content on the Ksepiyas Products which is owned by Ksepiyas. For using any content owned by a third-party Person, the User still require a license from such third-party Person (including, without limitation, the Software Providers), and Ksepiyas does not license such content to the User and the User’s use of content owned by a third party Person, including any content owned by the Software Providers, is governed by applicable terms and conditions prescribed by such third party Person.

6. Conditions for use

• By agreeing to these Terms of Service, a User (which such User is a natural Person) represents that the User is at least the age of majority i.e., 18 years, and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under Applicable Laws to accept these Terms of Service. The User represents and warrants that the User has the full power and authority to accept the Terms of Service, access the Ksepiyas Products and use the Services provided by Ksepiyas, under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms. All Services by Ksepiyas are governed by these Terms of Service. Where the Services are availed by a company, partnership or any other legal entity, the User represents and warrants that the entity has the full power and authority to accept the Terms of Service and such Terms of Service shall bind such company, partnership, or any other legal entity, as applicable.
• In case Ksepiyas alters or amends the eligibility criteria to be registered for receiving the Services and the User no longer complies with the new eligibility criteria, as determined by Ksepiyas in its sole discretion, the User accepts that Ksepiyas may restrict or suspend the access to the Services without any liability for Ksepiyas. The User is solely responsible for ensuring that the User are in compliance with these Terms of Services.
• Please note that the Ksepiyas Products, will be also subject to the Additional Terms and the terms of use of the Software, as applicable. If there is any conflict between the Additional Terms, the terms of use of the Software, and these Terms of Service with respect to a User’s use of the Ksepiyas Products, then, these Terms of Service shall prevail.
• The User agrees that the User shall, as required or instructed by Ksepiyas, update the Ksepiyas Products (if so required) and / or any device to operate the Ksepiyas Products, as may be instructed by Ksepiyas.
• The User shall co-operate with Ksepiyas and its officers, representatives, directors, and agents and render assistance to the Ksepiyas in integration of the Ksepiyas Products, if so, required by Ksepiyas, for the purpose of enabling and providing the Services.
• The User shall ensure that there are proper security measures at its respective desktop, mobile device or other device used to access the Ksepiyas Products to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.

7. Availability of the Services and the Ksepiyas Products

• The User may not use the Services or the Ksepiyas Products for any illegal or unauthorized purpose nor may the User, in the use of the Ksepiyas Products, violate any Applicable Laws (including but not limited to copyright laws). Ksepiyas reserves the right to refuse or discontinue the Services or the Ksepiyas Products to anyone for any reason at any time.
• The User agrees and understands that certain features and services on the Ksepiyas Products are paid only and can be accessed on payment of Fee. For accessing such paid only features and services, the User agrees and undertakes to pay the Fee, as displayed on the Ksepiyas Products. The User agrees and accepts that Ksepiyas has arrangements with authorized affiliates, banks, financial institutions, and payment processors for the collection of the Fees and the User shall strictly adhere to the terms of such authorized affiliates, banks, financial institutions, and payment processors with respect to the payment of Fees. In case Ksepiyas or its authorized affiliates, banks, financial institutions, and payment processors are unable to collect the Fees from the User for any reason whatsoever, including, without limitation, on account of any technical malfunction, the User agrees and undertakes to promptly pay the Fees to Ksepiyas or its authorized affiliates, banks, financial institutions, and payment processors. In case of the non-payment of the Fees, Ksepiyas reserves the right to discontinue the paid only Services and/or restrict the User’s access to the paid only features and services on Ksepiyas Products.
• The Fees for the Services or any other services provided by Ksepiyas, as displayed on the Ksepiyas Products, are subject to change. Ksepiyas reserves the right to modify the Fee at any time with a notification to the User. In case of the User’s continued use of the Ksepiyas Products, it shall be deemed that the User has accepted such revised Fees.
• The User agrees to promptly update the User’s account and other information required by Ksepiyas, including the User’s email address, mobile number, personal details, and details of a User’s payment instrument, in connection with the provision of the Services. The User undertakes to provide all such information, documents, and data as may be required or instructed by Ksepiyas for the use of the Services.
• The User will be required to setup an account with Ksepiyas on the Ksepiyas Products for the use of the Services. The User will be required to provide personal details, login information, a password and other information required by Ksepiyas in connection with the setup of the account. In case of any inaccuracy or material omission in the information provided by the User to Ksepiyas, Ksepiyas reserves the right to discontinue provision of the Services or prevent the User’s right to access the Ksepiyas Products.
• The User hereby grants Ksepiyas the right to access all information, data and details stored or available on the Software, including, without limitation, any Confidential Information, that is required or necessary for Ksepiyas for the provision of the Services. The User agrees and accepts that Ksepiyas may store, transfer, process and utilize the information, data, and details of the User, including, without limitation, any Confidential Information, in connection with the provision of Services, including without limitation, store such information, data and details in the servers of Ksepiyas.

8. Restrictions on the use of the Ksepiyas Products

• Ksepiyas provides the Ksepiyas Products for use by the Users for availing the Services that are provided by Ksepiyas. The User agrees that the User shall not use the Ksepiyas Products or the Services in any manner inconsistent with these Terms of Service, the terms, and conditions of the Software Providers, or in breach of Applicable Laws.
• The availability of the Ksepiyas Products or the Services is subject to the maintenance of an active computer, electricity, internet connection and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of the Ksepiyas Products, or the Services due to a deficient or defective computer or the internet service provider not being able to support the Ksepiyas Products or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the Ksepiyas Products, or the availability of the Services.
• The User shall be solely responsible for the confidentiality, safety and security of the user account opened by the User. The User shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of User’s account. In case the password is lost or misplaced, the User shall promptly inform Ksepiyas. In case the username and the password associated with the User’s account is lost/stolen/misplaced/hacked/no longer in the User’s control, The User shall promptly inform Ksepiyas. Ksepiyas will upon receipt of such information block the relevant account.
• The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Ksepiyas Products or any component or content thereof, available to any third parties prior the prior written consent of Ksepiyas.
• The User shall not, directly, or indirectly, attempt to exceed the scope of authorized access to the Ksepiyas Products, account information or other areas of the Ksepiyas Products or solicit passwords, transfer any part of Your account to any third party.
• The User shall not circumvent or disable any digital rights management, usage rules, or other security features of Ksepiyas Products; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Ksepiyas Products; and not use the Ksepiyas Products in a manner that threatens the integrity, performance, or availability of the Ksepiyas Products.
• Without limiting the foregoing, the User agrees that the User shall not use the Ksepiyas Products, or the Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that: is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; infringes any patent, trademark, copyright or other proprietary rights; contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person's computer, its web-sites, any software or hardware, or telecommunications equipment; is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; violates any law for the time being in force; belongs to another Person to which the User does not have any right to; interferes with or disrupts the Ksepiyas Products or other Ksepiyas websites, servers, or networks; impersonate any other person; harms minors in any way; forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User’s presence on its websites; engages in any illegal activities; defame Ksepiyas, the Software Providers, and their employees, officers, directors, agents, partners and service providers, including without limitation, by posting any defamatory content on any social media; 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 the investigation of any offence or insults any other nation.
• The User shall not attempt to or engage in any activity that may: reverse engineer, decompile or otherwise extract the source code related to the Ksepiyas Products or the Software or any part thereof, unless it is expressly permitted by Ksepiyas to the User in writing or is required by the Applicable Law; use any robot, spider, retrieval platform, or other device to retrieve or index any portion of the Ksepiyas Products, Software or content thereof; collect information about other Users for any illegal or unlawful purpose; create any User accounts by automated means or under false or fraudulent pretenses for using the Ksepiyas Products; transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Ksepiyas Products; use the Ksepiyas Products in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Ksepiyas Products, or interfere with any other third party Person's use and enjoyment of the Ksepiyas Products; carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Ksepiyas Products or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Ksepiyas Products or any part of the Ksepiyas Products or any other User of the Ksepiyas Products;
• The User shall not use the Ksepiyas Products or the Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of Ksepiyas or violate the Terms of Service.
• The User agrees and accepts that the use of Ksepiyas Products is subject to the Acceptable Use Policy, which is incorporated into these Terms of Service by reference. The Acceptable Use Policy may be updated from time to time, and it is the responsibility of the User to keep updated about any changes. Any restrictions under the Acceptable Use Policy shall be in addition to and not in derogation with these Terms of Service. The Acceptable Use Policy is available at https://Ksepiyas.in/web/acceptable-use-policy
• The User agrees and accepts that Ksepiyas shall not and is not required to mediate or resolve any dispute or disagreement between User and customers.

9. Ksepiyas’s rights

• Ksepiyas reserves the right to suspend/discontinue the Ksepiyas Products, Services, and any other products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:
• For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service.
• For any suspected discrepancy in the particular(s), documentation or information provided by the User;
• To combat potential fraud, sabotage, willful destruction, threat to national security, for any other force majeure reasons etc.;
• If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
• If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
• If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner;
• If the User indulges in any abusive or aggressive or threatening behavior or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of Ksepiyas or any other User; and
• If Ksepiyas believes, in its reasonable opinion, that cessation/ suspension is necessary.
• Ksepiyas may at its discretion, remove Content and suspend or terminate a User’s account if it is found that the goods or services offered via a Store, or the materials uploaded or posted to a Store, violate the Acceptable Use Policy (“AUP”) or these Terms of Service.

10. Accuracy of information

• Ksepiyas is not responsible if information made available on the Ksepiyas Products (including any information in relation to the Services) is not accurate, complete, or current. The material on the Ksepiyas Product is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Ksepiyas Product (including any information in relation to the Products) is at the User’s own risk.
• The Ksepiyas Products may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. Ksepiyas reserves the right to modify the contents of the Ksepiyas Product at any time, but Ksepiyas has no obligation to update any information on the Ksepiyas Products. The User agrees that it is the User’s responsibility to monitor changes to the Ksepiyas Products or any other information provided in connection with the Services.
• Ksepiyas undertakes no obligation to update, amend or clarify information on the Ksepiyas Products or on any related website, or in relation to the Services, including without limitation, pricing information, except as required by Applicable Laws. No specified update or refresh date applied in the Ksepiyas Product or on any related website, should be taken to indicate that all information in the Ksepiyas or on any related website has been modified or updated.

11. Warranties

• No warranty of any kind, implied, express, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality, or fitness for a particular purpose, is given in conjunction with Ksepiyas Product or any data/content, including without limitation, the Services. While Ksepiyas may apply such technology as it deems fit to ensure the security of and prevent unauthorized access to its products/services, Ksepiyas does not warrant that products/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive, or corrupting code, agent, program, or macros. Ksepiyas provides the Ksepiyas Products, the Services, and other products/services an “asis”, “where is”, “with all faults” basis.
• The User acknowledges that he/she has not solely relied on any representation/warranty made by Ksepiyas or its service providers, subcontractors or agents and has made independent assessment of Ksepiyas Products, Ksepiyas’s products/services, including without limitation, the Ksepiyas Products. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the Ksepiyas Products or on the Internet generally.

ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE Ksepiyas PRODUCTS OR SERVICES.

• The User represents and warrants that:

The User shall be solely responsible for all goods and services it provides through the Store including their description, price, fees, tax, any required legal disclosures, compliance and any offers or promotional content.

The User shall be solely responsible for setting and displaying the terms and conditions for sales on the Store including without limitation policies for sale, refund, return and their timelines.

The User shall inform its customers in a clear and cogent manner in its terms and conditions of sale that the goods and services being provided on the Store are provided by the User and not by Ksepiyas.

12. Exclusions of liability

• Notwithstanding anything to the contrary Ksepiyas, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for:
• any indirect, incidental, special, consequential, punitive, or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use Ksepiyas Products, the Services or any other products/services of Ksepiyas and data/content or reliance on those, including without limitation, in case of the Services, the Ksepiyas Products, howsoever caused and regardless of the form of action (including or or strict liability);
• any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
• any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer, unavailability of an electricity connection, other telecommunications equipment, any other services, or equipment necessary to access Ksepiyas’s products and services, including without limitation, the Services, the Ksepiyas Products.
• Ksepiyas shall not be liable for any inconvenience, loss, cost, damage, or injury suffered by the User or any third Person arising from or caused by:
• act or omission of any third party including but not limited to any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing;
• the use of Ksepiyas products and services, including without limitation, the Services, the Ksepiyas Products by third Persons, whether authorized or unauthorized by the User;
• theft or loss of the User’s computer, the User’s data, the User’s login details and password, hardware and/or equipment on which the Ksepiyas Products are accessed or operated;
• the User being deprived of the use of the Ksepiyas Product as a consequence of any act or omission by Ksepiyas for any reason including but not limited to compliance with any applicable laws and/or regulations and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments, or other government bodies and/or its officials.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL Ksepiyas OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, THE SERVICES, THE Ksepiyas PRODUCTS, OR ANY REFERENCE SITE, APP, PRODUCTS OR SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE SERVICES, THE Ksepiyas PRODUCTS, OR OTHER PRODUCTS OR SERVICES OF Ksepiyas OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH Ksepiyas; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT OR IN EQUITY INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR INEXCESS INR 1,000, OR ANY AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LOWER.

• Ksepiyas shall make all best efforts to provide uninterrupted services subject to down time and regular maintenance. Notwithstanding anything in these Terms of Service, the User acknowledges that the Ksepiyas Products and the Services may not be uninterrupted or error free or free from any virus or other malicious, destructive, or corrupting code, program, or macro. Ksepiyas shall adopt all such best technical and non-technical security measures that it considers are appropriate and are the same as that is prevalent in the industry to render the Services, however Ksepiyas does not guarantee that such security measures cannot be subverted to gain unauthorized access. In the event of interruption to the Services or loss of use and/or access to the Ksepiyas Products, Ksepiyas shall be to use best endeavors to restore the Services and/or access to the Ksepiyas Products as soon as reasonably possible.
• Ksepiyas is not responsible for any Content uploaded by the User on the Ksepiyas Products. Ksepiyas is not responsible for any direct or indirect damages or losses caused to the User, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Ksepiyas Products. It is solely the User’s responsibility to evaluate the accuracy, reliability, completeness and usefulness of information and content available on the Ksepiyas Products that is used by the User.

13. Third party services

• Ksepiyas may provide the User with access to third-party tools and services and certain content, products, and services available by Ksepiyas may include materials from third parties which Ksepiyas neither monitor nor have any control over. Third-party links on the Ksepiyas Product may direct the User to third-party websites that are not affiliated with Ksepiyas.
• Ksepiyas may provide the User with access to third-party tools and services and certain content, products, and services available by Ksepiyas may include materials from third parties which Ksepiyas neither monitor nor have any control over. Third-party links on the Ksepiyas Product may direct the User to third-party websites that are not affiliated with Ksepiyas.

14. Viruses

• The User will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User shall not attempt to gain unauthorized access to the Ksepiyas Products, the server on which the Ksepiyas Products is stored, or any server, computer or database connected to the Ksepiyas Products. By breaching this provision, the User would commit a criminal offence under the Information Technology Act, 2000. Ksepiyas will report any such breach to the relevant law enforcement authorities and the Ksepiyas will cooperate with such Governmental Authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Ksepiyas Products and the Services will cease immediately.
• Ksepiyas will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect the User’s computer equipment, computer programs, data, or other proprietary material due to the User’s use of the Ksepiyas Products or the User’s downloading of any information and contention it, or on any website linked to it.
• The User should use the User’s own virus protection software. Ksepiyas cannot and do not guarantee or warrant that files available for downloading from the Ksepiyas Products will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.

15. Cancellation and refunds

The User’s cancellation of subscription of Ksepiyas Products and applicable refunds shall be governed by Ksepiyas Cancellation and Refund Policy. Ksepiyas believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy -

• Cancellations will be considered only if the request is made within same day of placing the order.
• In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within same day of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
• In case of any Refunds approved by the Ksepiyas, it’ll take 14-15 days for the refund to be processed to the end customer.

16. Pricing Policy

The pricing policy ensures that the company's pricing strategy aligns with its overall business objectives, fosters customer satisfaction, maximizes profitability, and remains competitive in the market.

• Factors Influencing Pricing

  Cost Analysis: All fixed and variable costs will be accounted for, ensuring accountability at every cost center.
  Market Conditions: The company will continuously analyze demand, supply, and competitor pricing trends.
  Economic Factors: Pricing will adapt to inflation, currency fluctuations, and economic cycles.

• Pricing Models

  The company will use one or a combination of the following models:
  Subscription Pricing Plans: Annual payment plans for premium features.
  Pay-As-You-Go Services: Flexible, one-time payments for specific services.
  Cost-plus Pricing: A markup will be added to the production cost to ensure profit margins.

• Review and Adjustment Mechanism

  Pricing will be reviewed quarterly to ensure alignment with market trends and company objectives.
  Adjustments will consider feedback from customers, competitors’ moves, and internal financial goals.

• Approval Process

  All pricing changes must be approved by the Executive committee and the Pricing Strategy Committee.
  Major adjustments, such as a change in base pricing, require approval from the Executive Committee.

• Communication of Prices

  Pricing will be clearly communicated through official channels such as company websites, product catalogs, and sales representatives.
  Any promotional pricing or discounts will be advertised transparently with clear terms and conditions.

17. Intellectual property

• All Intellectual Property Rights in the Ksepiyas Products or the Services belong to Ksepiyas or the applicable third-party owner of such rights, including without limitation, the Software Providers. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. Ksepiyas retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed, or created by the Ksepiyas.
• No part or parts of the Ksepiyas Products may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works, or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without Ksepiyas prior written permission. The User may view, print, or use Ksepiyas’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.
• The User shall not claim any rights or interest in the Intellectual Property Rights of Ksepiyas, or in connection with any other services, features or product offered by Ksepiyas to the User, including without limitation, the Ksepiyas Products, or the Services. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of Ksepiyas (including without limitation any Intellectual Property Rights licensed to the Company by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation:
• converting the IP Property from a machine-readable form into a human-readable form;
• disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof;
• examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behavior in response to a variety of inputs;
• performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or
• making any alteration or change to the IP Property without the express prior written consent of Ksepiyas.

18. Content

• Ksepiyas does not claim any Intellectual Property Rights over the Content You provide on the Store. All rights in the Content a User uploads remain with the User.
• By uploading Content, you agree: (a) to allow other internet users to view the Content you post publicly to your Store; (b) to allow Ksepiyas to store, and in the case of Content you post publicly, display and use your Content; and (c) that Ksepiyas can, at any time, review and delete all the Content submitted through a Ksepiyas Product, although Ksepiyas is not obligated to do so.
• You retain ownership over all Content that you upload to the Store; however, by making your Store public, you agree to allow others to view Content that you post publicly to your Store. You are responsible for compliance of the Content with any applicable laws or regulations.
• Notwithstanding anything contained in clause 16 (Intellectual Property), Ksepiyas shall have the non-exclusive, worldwide and royalty free license to use the names, images trademarks, service marks and logos associated with your Store to promote its Services. You grant Ksepiyas a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of any Content provided by You, including photos and videos of the products listed by You

19. Indemnification

The User agree to indemnify, defend and hold harmless Ksepiyas, the Software Providers and their respective parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.

The User shall indemnify, defend and hold harmless the Indemnified Parties (whether or not arising out of third-party claims) from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of a) any Content posted by User on the Ksepiyas Products; b) any non-performance by User or breach of any contract or transaction with their customers through any Ksepiyas Products; c) breach of data privacy and confidentiality obligations; or d) fraud, willful misconduct or gross negligence or or (e) any third party claims due to the Content posted by the User or use of the Ksepiyas in violation of these Terms of Service by the User.

20. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

21. Waiver

If Ksepiyas does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by Ksepiyas, unless specifically agreed by Ksepiyas in writing.

22. Force Majeure

• For purposes of these Terms of Service, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation an act of war, hostility, or sabotage; act of God; pandemic, epidemic electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Service (other than an obligation to pay money) or provision of the Services.
• If a Force Majeure Event occurs, the party that is prevented from performing (the “Nonperforming Party”) will be excused from performing those obligations rendered un-performable by the Force Majeure Event. Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of the Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter, the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance pursuant to these Terms of Service.

23. Relationship of the parties

The User agree that no joint venture, partnership, employment, or agency relationship exists between the User and Ksepiyas as a result of these Terms of Service, the User’s use of the Ksepiyas Products, or the availing of Services from Ksepiyas.

24. Assignment

The User shall not assign or transfer the rights and obligations of the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without Ksepiyas’s prior written consent. Ksepiyas may assign or transfer the rights and obligations contained in there Terms of Service to any Person.

25. Governing law and jurisdiction

These Terms of Service will be governed by the laws of the India without any application of conflict of laws principles.

In case of any differences, disputes or disagreements between the User and Ksepiyas(“Dispute”), the User and Ksepiyas shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose.

In case the User and Ksepiyas are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at the option of the User or Ksepiyas, be referred to arbitration by a sole arbitrator appointed by Ksepiyas. The seat of arbitration shall be Uttar Pradesh and the language of arbitration shall be English. The award of the sole arbitrator shall be final and binding on the User and Ksepiyas.

26. Confidentiality

For the purposes of this Terms of Service, the term “Confidential Information” shall mean and include all tangible and intangible information obtained, developed, or disclosed or accessed including all documents, data papers and statements and trade secret of the User relating to its business practices and considered to be confidential and proprietary information. Ksepiyas shall strictly safeguard the Confidential Information and shall take all the necessary action to protect it against misuse. Ksepiyas shall be entitled to disclose the Confidential Information where:

• Where such Confidential Information is in or enters the public domain without Ksepiyas’s default;
• Where such Confidential Information is known to Ksepiyas at the time of first receipt, or thereafter becomes known to the Ksepiyas prior to such disclosure without similar restrictions from a source other than the User, as evidenced by written records;
• Where such Confidential Information is disclosed to employees, consultants, auditors, advisors, and shareholders of the Party who are under a duty of confidentiality, or pursuant to Applicable Law or order of any Governmental Authority;
• Where such Confidential Information is required to be disclosed to partners of Ksepiyas for the provision of Services (including, without limitation, any services to be provided by the partners).
• Where such Confidential Information is required to be disclosed in compliance with the Applicable Laws.
• In case the User comes into possession of any Confidential Information of Ksepiyas the User shall safeguard the same and shall not disclose such Confidential Information without the prior written consent of Ksepiyas.

27. Contact Information

• Questions about these Terms of Service should be sent to Ksepiyas to info@Ksepiyas.in. Any notices to Ksepiyas in connection with the Ksepiyas Products or these Terms of Service must be sent to the details given below:
• Notice shall be sent to the contact address set forth here (as such may be changed by notice given to the other party) and shall be deemed delivered as of the date of actual receipt.
• Ksepiyas may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number, or by an email to the email address of the User available on record with Ksepiyas. The User’s agree that in case there are any changes in any information provided by the User to Ksepiyas, including the User’s phone number, e-mail address and other contact details, the User will be solely responsible to update them regularly. The User agrees that all agreements, notices, disclosures, and other communications that Ksepiyas provide to the User’s electronically satisfy any legal requirement that such communications be in writing. If Ksepiyas sends any communication by e-mail or to the User’s phone number, it shall be sent to the User’s e-mail address or phone number available on the records created by the User on the Ksepiyas Products and it shall be deemed to have been received by the User once it is reflected as sent in the outbox of the Ksepiyas e-mail id or at the time of dispatch of the message.

28. Cumulative rights

The rights and remedies of Ksepiyas provided in this Terms of Service are not exclusive but are cumulative upon all other rights and remedies to the full extent allowed by law.

29. Cancellation and Termination

• You may cancel your account and terminate the Terms of Service at any time by contacting Ksepiyas support and then following the specific instructions indicated to you in Ksepiyas’ response.
• Upon termination of the Services by either party for any reason:
• Ksepiyas will cease providing You the Services and You will no longer be able to access your account;
• Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
• Any outstanding Fee owed to Ksepiyas for your use of the paid only Services through the effective date of such termination will immediately become due and payable in full; and your Store will be deleted.
• Ksepiyas reserves the right to modify or terminate the Ksepiyas Products, the Terms of Service and/or Your account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

30. Entire understanding

These Terms and Conditions constitutes the entire agreement between Ksepiyas and the User pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the Ksepiyas and the User.