Kizo’s Terms of Use

Effective Date: 15th January, 2021

Kizo Tech LLP, the owner of the brand “KIZO” (“KIZO”) is pleased to provide to you access to its services. These terms govern your use and our provision of the mobile and web services to facilitate the joy of gifting in a thoughtful manner. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES.

1.               Contract between You and Us

This is a contract between you (“You”) and Kizo Tech LLP, a limited liability partnership incorporated under the laws of the India having its registered office at 54-80, Nepean Sea Road, Mumbai 400 006, India and/or its affiliates. You must read and agree to these terms before using or accessing Services.  If You do not agree, You should not use our Services. For the purpose of this Terms of Use, “Partner Brands” shall mean independent third-party service provider or merchants who have been listed on the Kizo services. These terms describe the limited basis on which the KIZO Services are available and supersede prior agreements or arrangements.

Use of KIZO Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e., under the age of eighteen (18) years, You may not use our services (defined hereinafter).

Supplemental terms and conditions may apply to some KIZO Services, such as rules for registration, consignment of gifts, Gift Cards, delivery service or other activity, or terms that may accompany certain content or software accessible through the KIZO Services.  Supplemental terms and conditions will be disclosed to You in connection with the applicable competition, service or activity. Any supplemental terms and conditions are in addition to these terms, and in the event of a conflict, prevail over these terms.

From time to time, we may wish to contact you with marketing information and updates via e-mail or message. You agree and grant permission to Kizo to send promotional SMSs and e-mails. In case you wish to opt out of receiving promotional SMSs or e-mails, please send us an e-mail at support@kizo.in.

Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits upon You. Notwithstanding the above, if any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

KIZO may immediately terminate this contract with respect to You (including Your access to the KIZO Services) if You fail to comply with any provision of these terms.

2.               KIZO Services

The KIZO Services intends to provide a platform to send Gift Cards to the concerned person using Kizo Services. The KIZO Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the KIZO Services are owned by us or our licensors or licensees or any affiliate companies.  Except as we specifically agree in writing, no element of the KIZO Services may be used or exploited in any way other than as part of the KIZO Services offered to You. You may own the elements basis which the KIZO Services are delivered to You, but we retain full and complete ownership of the KIZO Services, and all the intellectual property rights vested therein.  We do not transfer title to any portion of the KIZO Services to You. Nothing provided by any brand owned or licensed by KIZO should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on KIZO Services without the written permission of KIZO.    

3.               User Account, Password and Security

Kizo requires you to register as a User by creating an Account in order to purchase Gift Cards from the Kizo services. You will receive a verification code/OTP and account designation upon completing the Kizo registration process. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, OTP or other account information, or another person’s name or likeness, or provide false details of a Parent.  You agree that we may take steps to verify the accuracy of information You provide, including contact information for a Parent. You may never use another's account without permission.

You will be responsible for maintaining the confidentiality of the OTP and the account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kizo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You understand that KIZO does not guarantee any confidentiality with respect to any content that You submit. Kizo cannot and will not be liable for any loss or damage arising from your failure to comply with the aforesaid.

4.               Terms of Sale

(i)               The Gift Card you purchase is redeemable for goods or services by the Partner Brands of Kizo in relation to such goods and services. The Partner Brand, not Kizo, is the seller of the goods and services and is solely responsible for redeeming any Gift Cards you purchase.

(ii)              The Gift Card shall have the necessary redemption instructions on it. The Gift Card may have an offer period, or expiry date, mentioned on it. You shall use it accordingly.

(iii)             Unless otherwise stated, you will not be entitled to receive credit or cash-back for whatever value of the Gift Card you do not use.

(iv)            Unless otherwise stated, you may not be allowed to combine the Gift Card with other special offers or promotions that may be on.

(v)             Unless there is something wrong with the purchase or an error attributable to us, we do not offer refunds. Gift Cards once sold are non-refundable, whether you use it or not.

(vi)            Kizo is merely the aggregator of Brands and issuer of Gift Cards. The Gift Cards and Products are the property of the respective third-party Partner Brands.

(vii)           Notwithstanding anything to contrary, Kizo's entire liability to you shall be to the refund of the money charged from you for any specific Gift Card, under which the unlikely liability arises. Under no circumstance shall Kizo be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.

5.               Content and Software License

You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the KIZO Services to any third party (including, without limitation, the display and distribution of the material via a third-party website) without the express prior written consent of KIZO.  

You may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any KIZO Service; decompile, reverse engineer, disassemble or otherwise reduce any KIZO Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any KIZO Service in an unlawful or unauthorized manner or in a manner that suggests an association with our services or brand.  By acquiring services, content or software through the KIZO Services, You represent and warrant that Your access to and use of the services, content or software will comply with those requirements.  

6.               Your Conduct

You must not use the services in any way that causes, or is likely to cause, the services or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not KIZO, is responsible for all electronic communications and content sent from Your device to us and You must use the services for lawful purposes only. You must not use the services for any of the following:

·        for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;

·        to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;

·        to cause annoyance, inconvenience or needless anxiety.

7.               Disclaimers and Limitation on Liability

The Kizo services are provided “as is” and “as available.” We disclaim all conditions, representations and warranties not expressly set out in these terms especially in relation to the authenticity of the services offered.

We shall not be liable to you for direct, indirect, incidental, special, consequential or punitive damages or any other damages of any kind, including but not limited to lost profits, revenue or savings or other economic loss, loss of or damage to data or loss of business or goodwill and or property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control.

If you are dissatisfied with Kizo services, the products available on it, or with these terms of use, your sole and exclusive remedy is to discontinue accessing or using Kizo services.

Unless otherwise specified, Kizo services are presented solely for the purpose of purchasing, informational and for other similar purposes in accordance with the laws of India. Kizo makes no representation that materials on the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

8.               Additional Restrictions on Use of the KIZO Services

You may not submit posts intended to promote and/or generate revenue for yourself and/or any third-party business activity. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any KIZO Service or connected network, or interfere with any person or entity’s use or enjoyment of any KIZO Service.  Additionally, You agree not to access, monitor or copy any element of the KIZO Services using a robot, spider, scraper or other automated means or manual process without our express written permission.     

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to KIZO servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, KIZO grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. KIZO reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by KIZO (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the KIZO Service with respect to their Content.

9.               Links to Third Party Sites

Kizo will contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kizo, and Kizo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kizo is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Kizo provides links of Brands and online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation with Kizo of the Linked Sites nor does it represent the advice, views, opinions or beliefs of Kizo. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. If by accessing the Kizo services or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Kizo services.

10.            Mobile Networks

When You access the KIZO Services through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain KIZO Services may be prohibited or restricted by Your network provider and not all KIZO Services may work with Your network provider or device.

11.            Your Content and Account

User Generated Content

The KIZO Services may allow You to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. 

We do not claim ownership to Your User Generated Content; however, You grant us a non-exclusive, sub licensable, irrevocable perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit, commercially or otherwise, such User Generated Content, in whole or in part, in all media formats now known or hereafter devised (including in connection with the KIZO Services and on third-party sites and platforms such as Facebook, Instagram, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to You, with or without attribution, and without the requirement of permission from or payment to You or any other person or entity. The User Generated Content may be subject to such additional terms and conditions provided by KIZO at the time of submission.

You represent and warrant that Your User Generated Content conforms to these terms and that You own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, Your User Generated Content in all manners contemplated by these terms.  You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of Your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. KIZO reserves the right to decide whether the User Generated Content or any other content violates this Terms of Use.

To the extent that we authorize You to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant You a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon Your assignment to us of all rights in the work You create.  If such rights are not assigned to us, Your license to create derivative works using our copyrighted works shall be null and void.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a KIZO Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to You.  We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

12.            Claims against Objectionable Content

We operate on a "notice and takedown" basis. If You believe that any content on Our services is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by writing to us at joy@kizo.in. Please note that this procedure is exclusively for notifying KIZO of Objectionable Content on or advertised for sale on the KIZO services. Please provide your address, telephone number when sending the notice to us. Giving false, misleading or inaccurate information in the email to KIZO may result in civil and/ or criminal liability.

13.            Electronic Communications

When You use any KIZO Services, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail, SMS, phone call or by posting notices on this site or through the other KIZO Services. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

14.            Transactions

Identity of Partner Brands

The identity of the Partner Brands may not be revealed to a buyer unless specifically required by the buyers, unless required by law.  If You have questions about Your order, please contact KIZO and we will assist You. 

Payments and Billing

When You provide payment information, You represent and warrant that the information is accurate, that You are authorized to use the payment method provided, and that You will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.  

Pricing; Taxes

We may revise the pricing for products and services we offer.  When You place Your order, we estimate the tax and include that estimate in the total for Your convenience. The actual tax amount that will be applied to Your order and charged to Your payment method chosen by you at the time of your final purchase.

15.            Disclaimer

Authenticity: You acknowledge and agree that KIZO’s authentication process is in-house and independent. Partner Brands identified on the Services are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the services. Further, KIZO acknowledges and agrees that KIZO is not providing any representations to the authenticity of the Product.  We shall neither be liable nor responsible for any actions or inactions of consignors nor any breach of conditions, representations or warranties by the Partner Brands or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the Partner Brands or manufacturers of the products.

You acknowledge and undertake that you are accessing the services and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through Our services.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Our services. While we have taken precautions to avoid inaccuracies in content, these services, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

16.            Representations from the Partner Brand

You represent and warrant to us that: (a) you are duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered and are a resident of India for income tax purposes every financial year; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licenses and authorizations you grant hereunder; (c) you will comply with all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations) in your performance of your obligations and exercise of your rights under this Agreement.

You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) Your Products (including the offer, sale, fulfilment, refund, adjustment, or return thereof), Your materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death or property damage related thereto; or (c) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we determine in our sole discretion that any indemnified Claim might adversely affect us, we may take exclusive control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

17.            Miscellaneous Provisions

Claims of Copyright Infringement

Notifications of claimed copyright infringement and counter notices must be sent to our designated address:

54-80, Nepean Sea Road, Mumbai 400 006

Choice of Law

These terms are governed by and construed in accordance with the laws of Republic of India and the courts of Mumbai shall have exclusive jurisdiction in this regard. You waive any claims that You might have against KIZO based on any other jurisdiction including your own.

Access to the services

We will do our utmost to ensure that availability of the services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction

Severability

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.

Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by KIZO without restriction.

Force Majeure   
KIZO’s performance of its obligations under this Contract will be suspended for so long as KIZO is prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond the control of KIZO and which events could not have been reasonably foreseen or anticipated by KIZO upon the exercise of due care and diligence, including but not limited to KIZO Services’ operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, market closures, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict, pandemics, epidemics, government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting KIZO), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of KIZO Services beyond KIZO’s control.