Terms & Conditions
Welcome to Elm & Oak
We welcome you to elmandoak.in. All services on this portal are rendered through its platform under the brand name “Elm & Oak”. Throughout the website, the terms “We”, “Us” and “Our” refer to KMR Living. Usage of this website is governed by these Terms and Conditions. Please take a few minutes to review all the terms, conditions, policies and notices stated here.
The Terms and Conditions (as may be amended from time to time) are a legal contract between you (an individual visitor, customer, vendor, merchant and/or contributor of content of at least 18 years of age) and KMR Living.
KMR Living solely reserves the right to modify these Terms and Conditions at any time without prior notice. Thus, we encourage you to keep reviewing these Terms and Conditions periodically. Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. We may even restrict access to some parts or this entire website from time to time.
We request you to not use the our website or any of its services in case you do not agree to any of these Terms and Conditions.
SECTION 1: GENERAL CONDITIONS
You may not use the products available on the website for any illegal or unauthorized purpose, nor you may use our services to violate any laws in your jurisdiction (including but not limited to copyright laws). You will not commit or encourage a criminal offence, transmit or distribute a virus, hack into any aspect of the website, corrupt data, cause annoyance to other users, infringe upon the rights of any other person's proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as "spam" or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence and KMR Living will report any such breach to the relevant law enforcement authorities. A breach or violation of any of the Terms and Conditions will result in an immediate termination of your access to our website and its services.
SECTION 2: USER SECURITY AND CONDUCT
By registering as a user and creating an account you are responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account information or any other breach of security.
Products and Services for Personal Use
The products and services offered by KMR Living on this website or any samples that we provide to you is for personal use only. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, access to the website or any contact on the website without the written permission of KMR Living.
KMR Living cannot be held liable for any loss or damage arising from your failure to comply with the terms of this section. You may be held liable for any losses incurred by KMR Living, any other account holder or user of the website due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential.
All the information that you provide to us in the form of suggestions or ideas, inquiries, feedbacks and more are collectively called Submissions. Such submissions are non-proprietary and non-confidential. You grant us the right to copy, use, reproduce, modify, apart, translate, publish, license, distrubute, sell or assign these submissions as may seem fit to us.
You agree that you will not engage in any activity that, in our judgement, interferes with or disrupts the service, the servers and networks that are connected to the service, or the activities of others on the website. You also agree that you will not use this website to collect or harvest personal information about other participants on this website; electronically “stalk” or otherwise harass another user; set up additional account(s) to be used for deceptive purposes; and/or use the services, products or links available on this site for illegal purposes. You acknowledge that we have the right to control the user content transmitted or posted on this website.
By using this website and/or sending Emails, information or any form of communication with us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications from us periodically as and when required.
SECTION 3: ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be content on elmandoak.in website or in the service that contains technical, typographical or photographic errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. KMR Living does not warrant that any of the materials on the website is fully accurate or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on our website is at your own risk.
We reserve the right to correct any errors, inaccuracies or omissions, and to change, update information or cancel orders if any information on the website is inaccurate, at any time without prior notice (even after you have placed your order).
You agree that it is your responsibility to monitor any changes to our website.
SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice. We reserve the right to modify or discontinue a product (or any content thereof ) without notice at any time. We shall not be liable to any third party for any modification, price change, suspension or discontinuation of a product or service.
SECTION 5: PRODUCTS OR SERVICES
Products and services may be available online in limited quantities and are subject to return or replacement as per our Returns and Replacement Policy only. We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.
SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under same customer account, same credit card, and/or orders that use same billing and/or shipping address. In the event that we make a change to/cancel an order, we may attempt to notify you via email and/or billing address and/or phone number provided at the time of order confirmation. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate account information for all purchases made on our website. You agree to promptly update your account and other information so that we can complete your transaction and contact you as and when needed.
SECTION 7: PAYMENT
While using any of the payment methods available on the website, KMR Living will not be responsible in assuming any liability whatsoever in respect of loss or damage arising directly or indirectly to you due to (a) lack of authorisation for any transaction(s); (b) exceeding the preset limit mutually agreed upon by you and your bank(s); (c) any payment issues arising from any transaction; or (d) decline of the transaction for any other reason(s) whatsoever.
You understand, accept and agree that the payment facility provided on elmandoak.in is neither a banking nor financial service, but merely an automated online electronic payment facility for transactions on the website and uses existing authorised payment gateway networks. All payments made by you for purchases on the website must be in Indian rupees and acceptable in the Republic of India. We will not facilitate a purchase transaction in any other currency on elmandoak.in.
We reserve the right to delay notifying payment confirmation if we deem a buyer’s high transaction volumes to be suspicious. This is to ensure the safety of the transaction and payment. In addition, KMR Living may withhold a payment without dispatching the purchase (or refunding payment to the buyer), or remit the payment to law enforcement officials/investigation agencies at their request if the buyer is engaged in any illegal activity.
For further information you may read our Payment Policy (hyperlinked) in detail.
SECTION 8: THIRD-PARTY LINKS
This website may contain links to other websites owned and operated by third parties. These links are provided for your convenience and information, and are not an endorsement of such third parties or their websites. KMR Living has no control over any linked third-party website and is not responsible for any information, products or services on these websites. Your linking to or from any of these websites is at your own risk. We make no warranties or representations, express or implied, about such linked third-party websites, the information contained on them, or the suitability or quality of any of their products or services.
If you decide to access any such websites, make use of the information contained on them. We accept no liability for any damage or loss, howsoever caused, in connection with the use of information, material, products or services contained on or accessed through any such linked third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding such linked third-party websites should be directed to them and not KMR Living.
SECTION 9: PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using this website or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, central, state or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f ) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the sole right to terminate your use of Elm & Oak’s website for violating any of the prohibited uses.
SECTION 10: SPECIAL FEATURES, FUNCTIONALITIES AND EVENTS
KMR Living may offer certain features and functionalities or events such as contests, promotions or other offerings which may be subject to terms and conditions, rules and/or policies in addition to or in lieu of these Terms and Conditions.
SECTION 11: DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable. You agree that from time to time we may remove any product or service for indefinite periods of time or cancel it at any time, without prior notice.
The products and services delivered to you through the website are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KMR Living, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products procured from the website. In no event shall our maximum aggregate liability exceed Rs. 2,000 only.
You agree that no claims or actions arising out of, or related to, the use of the website or its Terms and Conditions shall be brought up by you after 1 year of the cause of action relating to such claim.
SECTION 12: INDEMNIFICATION
You agree to indemnify, defend and hold KMR Living and our affiliates, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms and Conditions, your violation of any law, the rights of a third party or any damage to life and/or property caused by the products delivered.
SECTION 13: COPYRIGHT COMPAINTS
We respect the intellectual property of others. If you believe that any content available on this website has been copied in a way that constitutes copyright infringement, please send us an email at firstname.lastname@example.org with the following details:
• Identification of the copyrighted work
• Claim that you are the copyright owner or authorised to acr on behalf of the copyright owner
• A description of the material that you claim has been infringed and the location of the material on the website
• Your address, telephone number and email address
*Please use the provided email id only to notify any copyright material. All other inquiries must be directed to our customer service team.
SECTION 14: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or when you cease to use our website.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination; and/or accordingly may deny you access to our website (or any part thereof ).
SECTION 15: ENTIRE AGREEMENT
These Terms and Conditions and Policies posted by us on the website or in respect to the services constitute the entire agreement and understanding between you and us and communications and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms and Conditions).
SECTION 16: GOVERNING LAW & DISPUTE RESOLUTION
Unless otherwise specified, the material on our website is presented solely for the purpose of selling these products in India. These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Republic of India and the courts within New Delhi, India. If any dispute arises between you and KMR Living regarding the use of the website or its products and services of it then you shall be subject to exclusive jurisdiction. Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
KMR Living makes no representation that materials on the website are appropriate or available for use in countries other than India. Users who choose to access this website from countries other than India do so at their own risk and we are not responsible for the supply of products or services to countries other than India, or for being in compliance with laws outside India.
SECTION 17: CONTACT INFORMATION
SECTION 18: GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000, and rules made thereunder, the name and contact details of the Grievance Officer, who can be contacted with respect to any complaints or concerns, are provided below:
Time: Mon-Fri (10:00 am to 6:00 pm)
SECTION 19: MANUFACTURING INFORMATION
Made in India