Terms and Conditions

This document is an electronic record in terms of the information technology act, 2000 and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of rule 3 (1) of the information technology (intermediary guidelines and digital media ethics code) rules, 2021 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of this website.

Welcome to https://www.kult.app (the "Platform"), owned by KULT E-COMMERCE PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 (bearing company identification number U24290MH2021PTC359001) having its registered office at OFFICE-703, PL-17, Sect 15 CBD BELAPUR, Thane- 400614, Maharashtra (hereinafter referred to as the "Company" or "We" or "Us" (and derivates)). The Company is engaged in the business of selling beauty and skin and hair care products (the "Products") via the Platform and related services provided on the Platform.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time and will notify you at least once in a year, or whenever there is a change in the Terms of Use, as the case may be by email or by posting a conspicuous notice on the Platform in the event of any material revisions to these Terms of Use ("Terms"). Your continued use of the Platform following the incorporation of such changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform.

You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to the Company's privacy policy ("Privacy Policy") is hereby incorporated by reference into these Terms.

Terms of Use for Customers

For the purpose of these Terms, wherever the context so requires, the term:

"Customer" shall mean any individual who, for the purpose of purchasing the Products listed on the Platform for their internal use, uses the Platform and/or is registered as a 'Customer' on the Platform in accordance with the terms contained herein.
"Order" shall mean receipt of the order from the Customer of the Product in accordance with the Terms.
"Force Majeure Event" shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, foreign or governmental order including orders of lock-down, quarantine, an outbreak of an epidemic, pandemic or other communicable diseases, computer hacking, civil disturbances, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of the Company and which the Company is not able to overcome.

1. Membership Eligiblity

Use of the Platform is available only to natural persons resident in India who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor's legal guardian or parents on the Platform. The Company reserves the right to terminate any person's membership in accordance with these Terms and/or refuse to provide such a person with access to the Platform if it is brought to the notice of the Company or if the Company discovers for itself that such person is not eligible to use the Platform.

2. Acceptance of terms

The Customer is required to carefully read these Terms, as it contains the terms and conditions governing the Customer's use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs etc. that the Company may make available through the Platform along with any services that the Company may provide through the Platform. By further accessing or using the Platform, the Customer is agreeing to these Terms and entering into a legally binding contract with the Company. The Customer may not use the Platform if the Customer does not accept the Terms or is unable to be bound by these Terms.

In order to use the Platform, the Customer must first agree to these Terms. The Customer can accept these Terms by:

Signing up with the Company and logging onto the Company by using the Login Credentials (defined below);
Actual usage of the Platform. In this case, the Customer understands and agrees that the Company will treat the Customer's use of the Platform as acceptance of these Terms from that point onwards; or
By clicking to accept these Terms, if and when prompted on the Platform.

3. Sign In / Creating an account

The Platform allows only limited and restricted access to the services for unregistered users.

In order to use the Platform, as part of the sign-up process, the Customer will have to create an account on the Platform ("CustomerAccount"), which can be done by providing/ using the mobile number of the Customer.

While signing-up with the Company to use the Platform, the Customer shall not:

create a Customer Account for anyone other than the Customer, unless such person's prior permission has been obtained;
use a Customer Account that is the name of another person with the intent to impersonate that person; or
create more than one Customer Account on the Platform.

The Company cannot and will not be liable for any loss or damage arising from the Customer's failure to comply with this Clause.

The Customer hereby confirms and undertakes that the information provided by the Customer while signing-up is and will be true, accurate, up-to-date, and complete at all times. The Customer agrees that if the Customer provides any information to the Company that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, the Company shall have the right to indefinitely suspend or terminate or block access to the Customer Account on the Platform and refuse to provide the Customer access to the Platform.

Once registered, the Customer can log in to the Customer Account by using the e-mail address and password provided at the time of signing-up ("Customer Login Credentials").

4. Account Confidentiality Obligations

The Customer agrees that the sole responsibility of maintaining the security and confidentiality of the Customer login credentials rests with the Customer at all times. The Customer shall not share these Customer login credentials with any third party and the Company shall not be liable for any loss or damage arising from such breach.

The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and the Customer Account.

The Customer is solely responsible for all activities that occur under the Customer Account and/or the Customer undertakes on the Platform and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.

In no event and under no circumstances shall the Company be held liable for any liabilities or damages resulting from or arising out of the Customer's use of the Platform or the Customer Login Credentials, theft of the Customer Login Credentials or release by the Customer of the Customer Login Credentials to a third party, or the Customer's authorization to allow another person to access and use the Platform using the Customer Account.

In case of any misappropriation or unauthorized access of the Customer Account, the Customer agrees to communicate the same to the Company immediately, in a manner indicated by the Company. The Customer shall further ensure that he/she exits/ logs out from the Customer Account at the end of each session. The Company shall not be liable for any loss or damage arising from the Customer's failure to comply with this provision. The Customer may be held liable for any losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of the Customer Account, as a result of his/her failure in keeping the login credentials confidential.

The Customer agrees that the information provided by the Customer to the Company, at all times (including during registration), will be true, accurate, up-to-date, and complete. The Customer further agrees that if he/she provides any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, the Company shall have the right to indefinitely suspend or terminate or block access to the Customer Account on the Platform and refuse to provide the Customer access to the Platform. The Customer is advised to use due caution when providing any information to the Company accordingly.

5. Services

The Customer will need to register and/or comply with these Terms (as applicable) in order to be able to use and access the services on the Platform, which includes sale and purchase of Products listed on the Platform and such other services as may be made available on the Platform from time to time by the Company ("Services").

The provision of Services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The Company strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and the Company isn't liable for any disruption or loss the Customer may suffer as a result.

The Company may discontinue some or all of the Services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

6. Use of Platform

The Customer agrees, undertakes and covenants that, during the use of the Platform, the Customer shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

belongs to another person or entity and to which the Customer does not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever;
could be construed as divisive/stereotyping should be avoided if it could be interpreted as 'hateful' (Gender exclusive content is excluded from this, provided it is positive);
is harmful to children;
is misleading in any way;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity;
contains assertions or implications about a person's race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status. However, pro-equality content, particularly for gender and sexuality shall be permissible;
impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;
engages in commercial activities without the Company's prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
exploits controversial political or social issues for commercial purposes;
interferes with another user's use of the Platform;
refers to any Platform or URL that, in the Company's sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms;
deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts;
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting other nation;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information; or
Violates any law for the time being in force.

The Customer agrees and acknowledges that (a) the Customer shall not use the Platform for any illegal or unauthorized purpose; and (b) the Customer's use of any information or materials on the Platform is entirely at the Customer's own risk, for which the Company shall not be liable. The Customer agrees to comply with all laws, rules and regulations applicable to the use of the Platform. The Customer further agrees and acknowledges that the Customer shall use the Platform to purchase products only for the Customer's personal use and not for business purposes or any commercial exploitation.

The Customer shall not use anyone else's account at any time and the Company shall not be liable for any claims arising out of such authorized or unauthorized use.

The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the Customer's compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.

7. Customer's Posts and Reviews

The Platform may allow the Customer to post certain content, data or information belonging to the Customer, such as reviewing and allowing the Customer to share the Customer's experience and views about a particular Product, rate Products, post the Customer's comments and reviews in relation to contents and/or Products on the Platform on specific pages of the Platform, as well as submit/post any photos, videos, suggestions, comments, questions or other information to the Company using the Platform (collectively referred to "User Content").

The Customer, being the originator of the User Content, is responsible for the User Content that the Customer uploads, posts, publishes, transmits or otherwise makes available on the Platform. The Customer represents that the Customer exclusively owns the copyright in the User Content and has obtained all relevant consents and approvals in order to post any User Content. The Customer further represents that all such User Content will be in accordance with applicable law. The Customer acknowledges that the Company does not endorse any User Content on the Platform and is not responsible or liable for any User Content. The Company reserves the right to disable access to the User Content on the Platform.

In case a third party appears in a User Content, the Customer confirms that the Customer has obtained prior consent of such third party before uploading or posting such User Content. The Customer further agrees that the Customer shall indemnify the Company against any and all claims raised by such third party with respect to the User Content.

The Customer hereby grants the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivative works of the User Content in any manner as deemed appropriate by the Company in any form including but not limited to print, broadcast, online and across any and all Platforms owned by the Company, any and all platforms owned by the Company on any social media channels including but not limited to Instagram, Facebook and Twitter.

The Customer represents and warrants that the Customer owns or otherwise controls all of the rights to the User Content that the Customer posts or that the Customer otherwise provides on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content the Customer supplies does not breach these Terms; and (c) such User Content is lawful.

The Customer further represents and warrants that while posting any User Content on the Platform the Customer shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, the Customer shall not post any content on the Platform that is obscene, pornographic, constitutes an "indecent representation of women" as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

8. Payment Facility

The Platform permits payment via various modes, including virtual payment wallets and online payments through debit/credit cards and internet banking or any other method adopted by the Company from time to time.

While availing any of the payment method/s available on the Platform, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:

Lack of authorization for any transaction(s);
Exceeding the pre-set limit mutually agreed by the Customer and between bank/s;
Any payment issues arising out of the transaction;
Rejection of transaction for any other reason(s) whatsoever.

All payments made against the purchases on Platform by the Customer shall be compulsorily in Indian Rupees. It is expressly clarified that the Company will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform.

At the time of delivering the Customer's Order, the Customer may be required, in certain cases, to provide supporting documents (including but not limited to identification and address proof issued by the Government of India). This is done in the interest of providing the Customer with a safe online shopping environment.

The Customer acknowledges that the Company will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of the Company.

9. Shipping

The shipping charges for the delivery of the Order will be borne by the Customer. The Company reserves the right to accept or reject an Order placed on the Platform in part or in full. The Company will notify the Customer of its acceptance of the Order through any mode of communication e.g. email/call/SMS/Digital communication, social channels etc. (Provided at the time of registration or purchase), as soon as possible by confirming receipt of the Order placed and dispatch of the same. The Company may also require additional verification or information before accepting any Order. All decisions in relation to the acceptance or rejection made by the Company shall be final and binding. The Customer agrees not to challenge such a decision in any manner whatsoever.

As soon as an Order is dispatched, the Company shall send a shipping confirmation and contact the Customer via any mode of communication e.g. email/call/SMS/Digital communication, social channels etc., other third party websites/modes with the delivery details or in such other manner as may be deemed fit by the Company. The Customer, if a registered user, can track the Order using the Platform and can also track the Order by visiting the 'Order History' page under the Customer Account.

Once the Order has been placed, the Customer agrees and acknowledges that the Customer cannot modify the Order. It is however clarified that the Customer may amend the shipping address by placing a request through customer support channel any time before the Customer's Order has been packed for dispatch. Changing of address in this situation will be subject to our serviceability in that area. The standard timeline for delivery of Orders placed on the Platform across India is as displayed on the Platform. Notwithstanding the foregoing, it is expressly clarified that in case of a pre-Order or customized Order, the timeline will be clearly mentioned in the Order details. If the Company is of the opinion that the dispatch time may take more than that indicated on the Platform, the Company will inform the Customer of a new dispatch time. At that point, if the new dispatch time is not acceptable to the Customer, the Customer can choose to cancel the Order, in the manner indicated by the Company. In case of prepaid orders the Order amount will get refunded in accordance with these Terms.

Requests for specific time/date delivery are subject to dispatch of the Products from the Company's warehouse and service availability by the courier partner.

Notwithstanding anything to the contrary contained herein above, during high season and sale, shipping of Products may take a little longer.

10. Return and Refund Policy

All Products offered for sale on the Platform are described and pictured as completely and precisely as possible and in good faith. Despite all the necessary precautions taken, the Company cannot be held liable for possible errors and the Customer acknowledges that the Product/s delivered to the Customer may vary from the Product/s displayed and pictured on the Platform. Regarding the colors, the Company has made every effort to display the colors of the Products that appear on the Platform as accurately as possible.

Only Products marked "returnable" on the Product detail page can be returned/replaced. Products will be accepted and processed for return/replacement only within [15] days from the day when the Customer receives the Order (the "Return Window"). Products cannot be returned/replaced after this time. The Customer shall be required to notify the Company through designated customer support channels along with Order details and product images outlining the problem within the Return Window or in such other manner as may be indicated by the Company. It is clarified that Products marked "non-returnable" on the Product detail page are not eligible for return/replacement.

Products can be returned/replaced within the Return Window if the Customer has received them in a condition that is physically damaged, has missing parts or accessories, are defective or different from their description on the product detail page (unless the Product purchased is an assorted product without any specified design details) on the Platform are of the wrong size, wrong color, or if wrong quantity is received.

Notwithstanding anything to the contrary contained in these Terms, Products may be eligible for replacement if (a) the Company has the exact same item in stock; and (b) the Customer's pin-code is serviceable for a replacement. If the replacement request is placed and the Company does not have the exact same Product in stock, the Company will provide a refund to the Customer against prepaid orders in accordance with these Terms.

In case the Customer has purchased an item which has a free gift/offer associated with it and the Customer wishes to return the purchased item, the free product shall have to be returned as well.

Products marked as "non-returnable" on the Product detail page cannot be returned/replaced. If the Customer has received a Product marked as "non-returnable" in a damaged or defective condition, the Customer shall be required to notify the Company of the same in the manner indicated by the Company, within [15] days from the day when the Customer receives the Order.

Return/Replacement Policy

It is the Customer's responsibility to pack the Product sought to be returned/replaced in a manner indicated by the Company. If the Product is damaged due to the Product not being packed in accordance with the instructions of the Company, notwithstanding anything to the contrary contained in these Terms, the Company shall have the right to not accept the return/replacement request of the Customer.
To ensure compliance with these provisions, while collecting the Product from the Customer, the Company's delivery agent/logistics partner may do a quality check on the returned Product.
The Company shall be responsible to pick up the Product for return/replacement from the Customer.
All decisions in relation to the return/replacement requests made by the Company shall be final and binding. The Customer agrees not to challenge such a decision in any manner whatsoever.

Click here for the detailed Return / Replacement policy - Return/Replacement Policy.

11. Cancellation Policy

If the Customer places an Order and due to some reason (unexpected lack of inventory or any other reason) the Company is unable to ship the Product, the Order will be canceled and the transaction amount, if already paid, will be refunded to the Customer in accordance with these Terms.

Some situations that may result in the Customer's Order being canceled include, without limitation, non-availability of the Products or quantities of Products ordered by the Customer, non-availability of the Services, inaccuracies or errors in pricing information, or occurrence of a Force Majeure Event.

The Company will contact the Customer if all or any portion of the Customer's Order is canceled or if additional information is required to accept the Customer's Order.

If the Customer's Order is canceled after the Customer has been charged, the transaction amount paid by the Customer will be refunded in accordance with these Terms.

A promo code, once used for a particular Order shall not be reused in case of cancellation of Order either by the Customer or the Company.

The Company will not be able to cancel Orders that have already been processed. The Company has the full right to decide whether an Order has been processed or not. The Customer hereby agrees not to dispute the decision made by the Company and accepts the Company's decision regarding the cancellation. Click here for the detailed cancellation policy - Cancellation Policy.

12. Terms of Refund Payment

Only those Products for which (a) a return/replacement request has been placed by the Customer in accordance with these Terms and for which (i) the replacement is not possible; or (ii) a replacement is not asked for; or (b) a cancellation request has been initiated by the Company or has been placed by the Customer as per these Terms, the Customer will be eligible for a refund.

Details in relation to such refunds shall be informed to the Customer through any mode of communication e.g. email/Call/SMS/digital communication, social channels etc., that was used/provided at the time of signing-up or before and after placing the order or in such other manner as may be indicated by the Company. The Company reserves the right to honour such refund requests in a manner it deems fit and it is clarified that such refund requests shall be accepted by the Company only in exceptional cases. The Customer agrees not to challenge such decisions in any manner whatsoever.

Subject to these Terms, the transaction amount will be refunded to the Customer's bank account or the virtual payment wallets, as may be applicable. Refund will be done within 7-10 business days from the date of request of return/cancellation, if found eligible, and within a maximum of 10 business days of the receipt of the returned Product by the Company.

13. Agreement to receive communication

The Customer hereby by way of accepting these Terms consents to the receipt of communication from the Company by way of Short Message Service (SMS) messages, e-mails, promotional, marketing calls, newsletters, messages via social communication channels. These promotional communications could relate to the Customer's registration and/or transactions that the Customer carries out through the Platform and promotions that are undertaken by the Company, Services from the Company and its third-party partners.

14. Links And Third Party Sites

The Platform may contain links and interactive functionality interacting with the websites of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that the Customer reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

15. Representation

The Customer hereby represents and warrants that the Customer has validly entered into these Terms and has the legal power to do so. The Customer further represents and warrants that the Customer shall be solely responsible for the due compliance with these Terms.

16. Limitation of Liability

The Customer hereby acknowledges that the Company shall not be held liable to the Customer for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues.

The Company shall also not be liable under any circumstance for damages arising out or related in any way to (a) any errors, mistakes, or inaccuracies of content; (b) any unauthorised access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the Services on the App or the failure of the Services to remain operational for any period of time; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (e) any loss of the Customer's data arising from any use of or inability to use any parts of the Platform; (f) the Customer's failure to keep Customer Login Credentials or Customer Account details secure and confidential; (g) non-availability of the Services in certain geographical areas; and/or (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.

The Company shall not be liable under any circumstances for damages arising out of or in any way related to Products, Services and/or information offered or provided by third-party vendors.

17. Disclaimer of Warranties

The platform and all information, content, materials and services included on or otherwise made available to the customer through the platform (collectively, the "contents") are provided by the company on an "as is," "as available" basis, without representations or warranties of any kind. the company makes no representations or warranties of any kind, express or implied, as to the operation of the platform, the accuracy or completeness of the contents and the accuracy of the information. the company shall have no responsibility for any damage to the customer's computer system or loss of data that results from the download of any content, materials, document or information. the customer expressly agrees that the use of the platform is at the customer's sole risk. the company will not be liable for any damages of any kind arising from the use of the platform or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. to the full extent permitted by law, the company disclaims any and all representations and warranties with respect to the platform and its contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

18. Indemnification

The Customer shall indemnify and hold harmless the Company, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the Customer's breach of these Terms, Privacy Policy and other policies, or the Customer's violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

19. Content and Intellectual Property Rights

Other than (a) User Content, and (b) the trademarks, logos and service marks displayed on the Platform that are the property of other third parties, the Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company's services provided on the Platform and Contents ("PlatformContent") and is protected under Indian law.

Through the Customer's use of the Platform, by no means are any rights impliedly or expressly granted to the Customer in respect of such Platform Content. The Company reserves the right to change or modify the Services and/or the Platform Content (as the case may be) from time to time at its sole discretion.

The Customer hereby acknowledges that the Platform Content and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. The Customer thereby agrees to protect the proprietary rights of the Company and such others during and after the term of these Terms. The Customer may not selectively download portions of the Platform without retaining the copyright notices. The Customer may download material from the Platform only for the Customer's own personal use and for no commercial purposes whatsoever.

The Customer shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with his/her access or use of the Platform, including his/her use of any Platform Content; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any Services; or (i) derive any confidential information, processes, data or algorithms from the Platform.

Any infringement shall lead to appropriate legal proceedings against the Customer at appropriate forum for seeking all available remedies under applicable laws of the country.

20. Termination of access to services

The Customer Account can be terminated at any time by:

the Customer, by requesting for such termination/deactivation of his/her Customer Account on the Platform; or by
the Company, in its sole discretion, for any reason or no reason including the Customer's violation of these Terms or lack of use of Services.

The Customer acknowledges that the termination of Services may come into effect without any prior notice, and the Company shall thereafter, immediately deactivate or delete the Customer Account and all related information and/or bar any further access to the Customer Account or the Services, subject to applicable law. Further, the Customer agrees that the Company shall not be liable for any discontinuation or termination of services by any third party.

The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

21. Privacy Policy

The personal information / data provided by the Customer to the Company during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If the Customer objects to his/her information being transferred or used, the Customer is advised not to use the Platform. Click here for the detailed privacy policy - Privacy Policy.

22. Severablity and Waiver

These Terms, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between the Customer and the Company with respect to the Products and Services offered on the Platform and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the Customer and the Company with respect thereto and govern the future relationship. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23. Assignment

It is expressly agreed by the parties that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the Customer, except to the extent provided by law.

24. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Mumbai, Maharashtra.

25. Grievance Redressal Mechanism

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Grievance Officer Kult

Email: cs@kult.app

For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of the Terms of Service or the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

26. How to contact us

If the Customer has questions or concerns about these Terms, the Customer may contact the Company at

Email ID: cs@kult.app

Phone: +91 9987991000

Contact Days: All Days, 10 AM to 7 PM