1. This document is published in compliance with and shall be governed by Indian law, including but not limited to (i) the Indian Contract Act, 1872; (ii) the Information Technology Act, 2000, the rules, regulations, guidelines, and clarifications framed thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
This document is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made thereunder. This document does not require any physical, electronic, or digital signature.
Kilimanjaro is the sole and absolute owner of the trademark and brand name “Kilimanjaro” and the domain www.kilimanjaroplay.com and any other subsequent web/mobile applications (the “Site”). Kilimanjaro respects your privacy, which is maintained as per the Privacy Policy. As a visitor to the Site and user of the services at the Site, you are advised to read these Terms and Conditions (Terms) carefully. By accessing the Site, you agree to these Terms. If you do not agree to these Terms (without modification), you are advised not to access or use the Site. Any reference to Kilimanjaro in these Terms includes its affiliates, group companies, agents, officers, and employees.
You represent and warrant that you are at least thirteen (13) years of age or older, or are visiting the Site under the supervision of a parent or guardian.
2. Ordering Process and Pricing
The Site displays a list of varied merchandise and offers for sale, including but not limited to products in the territory of India. All purchases made on the Site are subject to Kilimanjaro’s acceptance, which is at its sole discretion. Kilimanjaro may refuse to accept or cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Kilimanjaro reserves the right to refuse to accept or cancel any orders shipped to any freight forwarding or similar service.
If your credit/debit card has already been charged for a purchase that is subsequently canceled, Kilimanjaro shall issue a credit to your credit/debit card account.
3. Pricing
The price listed on the Site for the product will be inclusive of taxes, and you will be required to make payment of the final invoiced amount, including delivery/handling charges or other additional sums that form part of the final invoice. Kilimanjaro makes every attempt to properly price all products, but errors may occasionally occur. Kilimanjaro reserves the right to cancel orders that include a pricing or discount error.
4. Ownership of Intellectual Property
All trademarks, service marks, and trade names of Kilimanjaro used in the Site (including but not limited to the name Kilimanjaro) are registered trademarks of Kilimanjaro, registered under the laws of India. They may not be used without Kilimanjaro’s prior written permission. Any other intellectual property on the Site, including but not limited to patents, issued or pending, are the sole property of Kilimanjaro and/or its licensors.
5. Product Maintenance
To maintain the quality of the products purchased, we suggest the following steps for any minor cleaning and regular maintenance:
- Regular Cleaning: Dust off footwear with a soft, dry cloth and clean with a mild soap solution as needed.
- Use Specialized Cleaners: For synthetic leather, opt for a cleaner designed for synthetic materials and follow instructions.
- Air Dry: Let footwear air dry in a cool, shaded area; avoid direct sunlight and heat sources.
- Conditioning: Apply a synthetic leather conditioner to keep the material supple, if necessary.
- Proper Storage: Store in a cool, dry place away from direct sunlight and avoid stacking heavy items on them.
- Waterproofing: Use a waterproofing spray designed for synthetic materials for extra protection against moisture.
- Inspect for Damage: Regularly check for wear and tear, addressing small issues promptly to prevent further damage.
- Rotate Footwear: Alternate between different pairs of footwear to reduce wear on any single pair.
6. Prohibited Use
The content included in the Site, including but not limited to text, graphics, or code, is copyrighted as a collective work and is the sole and exclusive property of Kilimanjaro. The contents of this Site can be used solely for your own non-commercial purposes or to place an order. Any other use, including reproduction, distribution, or transmission of the content, is strictly prohibited unless authorized by Kilimanjaro. You agree not to change or delete any proprietary notice from materials downloaded or printed from the Site.
7. Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AND PRODUCTS THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. KILIMANJARO MAKES NO WARRANTY THAT (I) YOUR REQUIREMENTS WILL BE MET, (II) SERVICES WILL BE UNINTERRUPTED OR TIMELY, OR (III) PRODUCTS OFFERED THROUGH THE SITE WILL MATCH THE DESCRIPTION OR BE FIT FOR CONSUMPTION. KILIMANJARO DISCLAIMS ALL LIABILITY WITH RESPECT TO MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF CONTENT OR PRODUCTS ON THE SITE.
8. Indemnity
You agree to indemnify, defend, and hold harmless Kilimanjaro, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your registered account.
9. Suspension of Your Account or Site
Kilimanjaro may temporarily suspend access to the Site to diagnose technical issues, improve functionality, or implement changes. You acknowledge that during such time the Site may not run at capacity or may be unavailable in specific network areas.
If you observe any suspicious activity regarding your account, you are required to notify Kilimanjaro immediately.
10. Links to Third-Party Websites
Kilimanjaro does not endorse third-party websites. You agree to access third-party links and advertisements at your own discretion and in compliance with their terms and conditions. Kilimanjaro is not responsible for the content, accuracy, or legality of third-party materials.
11. Returns/Exchange/Refund/Cancellation
- Cancellation: You may request cancellation of your order within 24 hours from the allotted delivery date by emailing Kilimanjaro. Refunds will be initiated after confirmation of the cancellation.
- Exchange: You may exchange unworn products if you have size issues or prefer a different style. Kilimanjaro will cover shipping expenses for exchanges.
- Return: Products can be returned in unworn condition within seven (7) days of delivery. Returns after seven days or for worn or damaged items will not be honored. The decision of Kilimanjaro shall be final and binding.
12. Feedback and Queries
You may submit feedback or queries regarding out-of-stock products via the contact information provided on the Site. Kilimanjaro is not responsible for the content of communications and materials posted by users.
13. Force Majeure
Kilimanjaro shall not be responsible for any failure or delays due to force majeure events beyond its control. All reasonable efforts will be made to fulfill obligations under these Terms.
14. No Third-Party Rights
These Terms are made solely for the benefit of you and Kilimanjaro and are not enforceable by any third party.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India.
16. Complaints and Resolution Mechanism
Kilimanjaro will endeavor to resolve any complaints regarding your online purchase of products. Complaints should be forwarded to Kilimanjaro at the email address provided for further review and response.
17. Policy for NDNC
By using the Website, you authorize Kilimanjaro to contact you via email or phone regarding services, product knowledge, promotional offers, and associated third-party offers. Personal information may be collected for these purposes.
18. Miscellaneous By using the Site, you agree to receive electronic communications from Kilimanjaro. Any notice or communication sent electronically will satisfy legal communication requirements. Kilimanjaro’s failure to enforce any provision of these Terms shall not be construed as a waiver of any right.
If you have any questions or concerns regarding these Terms and Conditions, please feel free to reach out to us at care@kilimanjaroplay.com. We are here to assist you!
