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Terms and Conditions

Terms of Use

Last Updated: 10th June, 2023

Welcome to Kirgo Co. (“Kirgo Co.”). By using the Kirgo platform, including the website, mobile application, and related services (collectively referred to as “Kirgo”), you agree to comply with and be bound by the following Terms of Use. These Terms of Use, along with the Privacy Policy, constitute a legally binding agreement between Kirgo Co. and you, defining your rights and obligations when using and participating in Kirgo.

Kirgo Co. operates and manages the Services provided through Kirgo from its registered office at 501 – C, Chouhan Empire, Amboli, Mumbai – 400058 (“Registered Office”).

Acceptance of Terms

By accessing, using, or participating in Kirgo, including purchasing Kirgo Products and engaging in Kirgo’s programs, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any provisions of these Terms of Use, you should discontinue using Kirgo immediately.

Kirgo Services

Kirgo serves as a unique shopping platform that offers activewear specifically designed for women in India (“Kirgo Products”). By using Kirgo, you have the option to purchase Kirgo Products and participate in various programs offered by Kirgo, such as the Kirgo Loyalty Program.

Legal Agreement

By clicking on “I have read and agree to the terms of use,” you certify that you have the authority to enter into these Terms of Use. You also authorize payment for requested services through Kirgo, if applicable. By doing so, you agree to abide by all the terms and conditions outlined in these Terms of Use and any other referenced documents.

Ownership and Operation

Kirgo is owned and operated by Kirgo Co.

Prohibition on Unauthorized Use

If you do not agree to the provisions set forth in these Terms of Use, you are prohibited from accessing or using Kirgo. We kindly ask you to discontinue viewing or participating in Kirgo.

YOU SPECIFICALLY AGREE THAT BY USING Kirgo, YOU CONFIRM THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A BINDING CONTRACT, OR, ALTERNATIVELY, THAT YOUR LEGAL GUARDIAN HAS AGREED TO THIS CONTRACT ON YOUR BEHALF AND SUPERVISES YOUR USAGE OF Kirgo.

All references to “you” or “your,” as applicable, refer to the individual accessing, using, and/or participating in Kirgo. If you are using Kirgo or opening an Account on behalf of a non-individual entity or group, you represent and warrant that you have the authority to bind that entity or group. In such cases, your acceptance of the Terms of Use will be considered as acceptance by the entity or group, and the terms “you” and “your” will refer to that entity or group.

MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Kirgo Co. reserves the right, at its sole discretion, to modify, change, or amend the Terms of Use, as well as any other documents incorporated by reference herein, to comply with legal and regulatory requirements and for legitimate business purposes. Any amendments to the Terms of Use will be posted on Kirgo. It is your responsibility to regularly review the Terms of Use for any changes, and we encourage you to do so. Your continued use of Kirgo after any amendments signifies your acceptance of the revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please refrain from accessing or using Kirgo.

PRIVACY POLICY

Kirgo Co. has established a Privacy Policy that outlines how user information is collected and used. The Privacy Policy is referenced in the Terms of Use and is hereby incorporated into this agreement. Your use of Kirgo is governed by the Privacy Policy.

The Privacy Policy can be found at:https://kirgostore.com/privacy-policy

Membership and Accessibility

LICENSE TO ACCESS

Kirgo Co. grants you a non-exclusive, revocable license to access and use Kirgo, as described in the Terms of Use. However, you are not permitted to copy, distribute, or create derivative works of Kirgo or Kirgo Products without prior written consent from Kirgo Co. You may only make necessary modifications to Kirgo for its intended purposes. Furthermore, you must comply with the terms and conditions of the Terms of Use and all applicable laws. You are responsible for any fees or charges associated with your internet connection or mobile usage while accessing Kirgo.

MEMBERSHIP ELIGIBILITY CRITERIA

To use Kirgo, you must meet the following eligibility criteria:

  1. You must be at least 18 years old and capable of entering into legally binding contracts under applicable law. Alternatively, if you are under 18 years of age, you can use Kirgo with the agreement and supervision of your legal guardian.

By using Kirgo, you represent and warrant that you meet the age requirements or have obtained the necessary consent from your legal guardian. Additionally, you acknowledge and agree to the following:

a. The registration information you provide is accurate and truthful. b. You will maintain the accuracy of your information. c. Your use of Kirgo and its services complies with all applicable laws and regulations.

If we determine, at our discretion, that you are under the age of 18 or not in compliance with applicable laws, rules, or regulations, we reserve the right to terminate your Account without prior notice.

ACCOUNT CREATION AND SECURITY

You may make purchases on Kirgo without registering an account. However, to access additional features such as the Kirgo Loyalty Programme and participate in other programs offered by Kirgo, you will need to create an account protected by a password and OTP authentication (“Account”).

When creating an Account, you must provide your name and email address and choose a password. While optional, you may also provide additional information to enhance your Kirgo experience.

It is your responsibility to safeguard your Kirgo Password and keep it secure at all times. You are solely responsible for all activities conducted through your Account and must notify Kirgo Co. immediately of any security breaches or unauthorized use. You must not use another person’s Account without explicit permission from Kirgo Co. You agree not to misrepresent yourself or assume the identity of another user when using Kirgo or its services.

You acknowledge and agree that you will be held liable for any losses or damages (direct or indirect) resulting from unauthorized use of your Account. Additionally, you may be held responsible for any losses incurred by Kirgo Co. or others due to such unauthorized use.

ACCOUNT POLICIES

By accessing and using Kirgo, you agree to comply with the following Account Policies:

  1. You will not copy or distribute any part of Kirgo without prior written authorization from Kirgo Co.
  2. You will not modify or alter Kirgo, except as reasonably necessary for its intended use.
  3. You will provide accurate and up-to-date information when creating your Account, and you will maintain and update this information throughout the term of your agreement.
  4. You will not use any automated system, such as robots or spiders, to access Kirgo without Kirgo Co.’s prior written approval.
  5. You will not collect or misuse users’ information, including names, addresses, phone numbers, or email addresses, for any purpose without proper authorization.
  6. You will not exceed reasonable limits on requests to Kirgo servers, or bypass measures implemented by Kirgo Co. to prevent or restrict access.
  7. You will not recruit, solicit, or contact Kirgo users for employment or business purposes without explicit written permission from Kirgo Co.
  8. You will not engage in activities that unreasonably encumber Kirgo’s infrastructure, interfere with its proper functioning, or bypass security measures.
  9. You will not collect personally identifiable data, including Account information, from Kirgo for commercial solicitation purposes.

ADDITIONAL POLICIES

Your use of Kirgo is subject to the Terms of Use, as well as any additional regulations, guidelines, and policies set forth by Kirgo Co. from time to time. These may include a copyright policy, shipping policy, refund policy, or other restrictions published on Kirgo (collectively referred to as the “Additional Policies”). You agree to comply with these Additional Policies at all times. Failure to adhere to these terms may result in the termination of your Account without prior notice, and Kirgo Co. may initiate legal proceedings if necessary.

USE OF KIRGO PLATFORM

PROHIBITIONS ON SUBMITTED CONTENT

When using the Services on Kirgo, you agree not to upload, post, transmit, transfer, distribute, or facilitate the distribution of any Submitted Content (including text, images, videos, etc.) that:

  1. Misrepresents the source or impersonates another individual, entity, or Kirgo Co. employee.
  2. Provides or links to external sites that violate the Terms of Use.
  3. Harms or exploits individuals under the age of 18 or solicits their personally identifiable information.
  4. Invades anyone’s privacy by collecting or publishing private information without consent.
  5. Contains falsehoods or misrepresentations that could harm Kirgo Co. or any third party.
  6. Is pornographic, harassing, hateful, illegal, obscene, defamatory, discriminatory, or otherwise inappropriate.
  7. Infringes on copyrights, trade secrets, or other proprietary rights.
  8. Promotes or enables the unauthorized use or distribution of copyrighted material.
  9. Threatens, stalks, defames, defrauds, victimizes, or intimidates individuals or groups based on various factors.
  10. Harms or disrupts another user’s computer or allows illegal access to software or servers.
  11. Advertises unrelated businesses or engages in spamming, chain letters, pyramid schemes, or unsolicited advertisements.
  12. Distributes viruses or technologies that may harm Kirgo Co. or its users.
  13. Contains links to commercial services or websites that violate the Terms of Use.
  14. Contains irrelevant or duplicate content.
  15. Uses automated devices or programs to submit Postings without Kirgo Co.’s written consent.
  16. Prohibited Activities:
  • Users are not allowed to violate any laws, third-party rights, account policies, or any provisions of the terms of use.
  • Users should not post false, inaccurate, misleading, defamatory, or libelous content.
  • Users should not circumvent or manipulate the fee structure or billing process.
  • Discrimination based on race, color, religion, sex, national origin, age, handicap, or other protected class is not allowed.
  1. Services:
  • Users can browse the product catalogue, make selections, and add products to the cart for purchase.
  • Payment for purchases can be made through various methods, including online payment and cash on delivery.
  • Shipping will be conducted according to the shipping policy of Kirgo Co.
  • Return, exchange, and refund of products are governed by the respective policy of Kirgo Co.
  • Customer support is available through various channels, and the response time is usually within 48 hours.
  1. Modifications or Termination of Kirgo:
  • Kirgo Co. reserves the right to modify or discontinue Kirgo, in whole or in part, with or without notice.
  • Kirgo Co. may terminate a user’s account or access to the service, with or without cause, if there is a violation of the terms of use.
  • Users can also terminate their use of Kirgo at any time.
  1. Intellectual Property Rights:
  • Kirgo Co. owns or holds licenses to all data and marks on Kirgo.
  • Users are granted a limited license to reproduce and display Kirgo Co.’s data for personal use.
  • Users should not use, copy, distribute, or sell the data or marks without prior written consent.
  1. Kirgo Co. Fees:
  • Currently, browsing, joining, posting, and viewing content on Kirgo are free.
  • Kirgo Co. reserves the right to introduce fees for services in the future, and changes to fees and policies will be effective upon implementation.
  1. Dispute Resolution:
  • Disputes between users and Kirgo Co. should be resolved through friendly consultations and negotiations.
  • If a settlement cannot be reached, the dispute may be referred to arbitration, conducted in accordance with the Arbitration and Conciliation Act, 1996.
  • The arbitration proceedings will be conducted in Mumbai, India, and the language used will be English.
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