Terms of Service

The website, www.freekind.in ("Website") is owned and operated by Tree Tunnel Pvt. Ltd., a company incorporated under the Indian Companies Act, 2013.

The content, products, and services on this Website are provided by the Company under the Terms and Conditions (‘Terms’), Privacy Policy, and other policies available on the Website related to functionality, features, services, promotions, and customer service. All these should be read together with the present Terms (collectively referred to as ‘Policies’). In these Terms, references to "you" or "User" denote the end user accessing the Website, its contents, and using the services offered through the Website. "We," "us," and "our" refer to the Company.

The Legal Terms constitute a legally binding agreement between you, and Free Kind, concerning your access to and use of the services offered. By accessing, browsing, or using the Website, you confirm that you have read, understood and agreed to be bound by these Legal Terms. If you do not agree to the Terms, it is imperative that you refrain from using the services, and you must discontinue use promptly.

We reserve the right, at our sole discretion, to make alterations or modifications to these Legal Terms at any time without notice and for any reason.

1. Your Account

The user may be required to register an account with a unique email ID and password for accessing specific features or services on the website. Your account details are personal, and you must not permit others to use your account. We are not responsible for any harm arising from the theft, misappropriation, loss of money, or disclosure of your information or password due to your authorization of someone else to use your account.

Passwords are issued on a personal basis, making all content or instructions transmitted by anyone presenting your password on the Website binding on you. You acknowledge sole responsibility for actions taken via your account, whether or not with your knowledge or authorization. Safeguard your password diligently, recognizing that a failure to keep it secure may lead to transactions for which you are legally responsible.

If you access, browse, or use the Website on someone else's behalf, you affirm having the authority to bind that person to these terms. In case they refuse to be bound, you accept liability for any harm resulting from their access or use of the Website.

You affirm being at least 18 years old and all users who are minors in the jurisdiction (generally under the age of 18) must have legal parental/guardian consent, to comply with the Terms of Services, and acknowledging and abiding by the terms, obligations, affirmations, representations, and warranties outlined in these Terms and accompanying Policies.

2. Privacy Policy

We recognize the significance of safeguarding your personal information, thus, we have implemented a Privacy Policy to ensure its adequate protection. In addition to these Terms, the Website's Privacy Policy governs your use, browsing, and access to our Website, forming an integral part of these Terms. Your ongoing use of the Website indicates your acknowledgment and acceptance of the Privacy Policy, committing you to its terms. By using the Website, you grant consent to the Company's utilization of your personal information in line with the Privacy Policy, which may be subject to periodic amendments at the sole discretion of the Company.

3. Products

We strive to accurately display the product colors, features, specifications, and details of the products available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and stock may not be guaranteed. We reserve the right to discontinue any products at any time for any reason.

4. Payments and Purchase

Prices for all products are subject to change.

We accept the following modes of payment:

  • Credit Card, Debit Card, Net Banking, UPI, Wallets, e-Gift cards, and reward points

  • Credit card, Debit Card, UPI and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order

  • Cash On Delivery option may not be available for various products and jurisdictions. The Company reserves the sole right to decide the products and jurisdictions for which cash-on-delivery will be made available

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Applicable taxes will be added to the price of purchase as deemed required by us. We may change prices at any time.

When placing an order, you explicitly agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse or cancel any order placed for any reason whatsoever, with no liability extended to you or any third-party. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. Intellectual Property Rights

Ownership:

We hold the ownership or licensing rights of all intellectual property within our Services. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, referred to as the "Content"), as well as the trademarks, service marks, and logos (collectively referred to as the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in India and around the world.

Use of our services:

In compliance with the legal terms, visitors and users are granted a non-exclusive, non-transferable, revocable license to access the Services, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6. Returns and Exchanges

Please review our Returns and Exchanges policy on the website prior to making any purchases.

7. Reviews

Within the Services, we offer designated areas for you to submit reviews or ratings. When contributing a review, adherence to the following criteria is mandatory:

  • Firsthand experience with the subject being reviewed

  • Exclusion of offensive, profane, abusive, racist, or hateful language

  • Avoidance of discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability

  • Absence of references to illegal activity

  • No affiliation with competitors when posting negative reviews;

  • Refraining from making legal conclusions

  • Exclusion of false or misleading statement

  • Abstain from organizing campaigns encouraging others to post reviews, whether positive or negative

We retain the sole discretion to accept, reject, or remove reviews. There is no obligation on our part to screen or delete reviews, even if objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or those of our affiliates or partners. We disclaim liability for any review and any resulting claims, liabilities, or losses. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the review.

8. Limitations of Liability

Our directors, employees, or agents do not hold liability to you or any third party for any direct or indirect, incidental, consequential, special or punitive damages from the use of our services, including:

  • Loss or Damage

  • Loss of data or revenue

  • Interruption of business

  • Computer viruses, system failure, or malfunctions concerned with usage of the Website

  • Events beyond our reasonable control

We prioritize the safety of our products through rigorous measures. However, certain components may trigger allergic reactions or impact individuals with pre-existing medical conditions. It is your responsibility to be informed about product ingredients, usage guidelines, and precautions. The Company bears no liability for product-related issues, such as allergic reactions or health concerns arising from product usage. Please take note of these considerations, and feel free to contact us for any further information. Purchases made through the online store are also governed by the detailed limitation of liability and disclaimer conditions provided with the product packaging/leaflets/details on the Website.

9. Prohibited activities

You may access or use the Services only for their intended purpose, as specified by us. Commercial use is restricted unless explicitly endorsed or approved by us.

The Users agree not to:

  • Collect user information for unsolicited emails or false account creation.

  • Compete with us using the Services for revenue-generating endeavors.

  • Advertise, sell goods/services, or transfer user profiles without authorization.

  • Systematically retrieve data without written permission.

  • Attempt to trick, defraud, or mislead, especially regarding sensitive account information.

  • Interfere with security features or harm the reputation of us or the Services.

  • Harass, abuse, or harm others using information obtained from the Services.

  • Violate applicable laws or regulations in using the Services.

  • Engage in unauthorized framing, linking, or upload of harmful material.

  • Delete copyright or proprietary rights notices from any Content.

  • Impersonate other users, attempt to bypass access measures, or harass our employees.

  • Copy, adapt, decipher, or reverse engineer the Services' software.

10. Third Party Websites and Content

The Website may include links to other websites, apps, products or services ("Third-Party Websites") and feature content originating from third parties ("Third-Party Content"). We do not actively assess the accuracy, appropriateness, or completeness of Third-Party Websites and Third-Party Content. We disclaim responsibility for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Website, including aspects such as content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies.

The inclusion, linking, or permission for the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Services and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, understanding that these Legal Terms no longer apply. It is your responsibility to review the relevant terms, policies, including privacy practices, of any website you visit or applications you use or install from the Services.

11. Governing Law

The Legal Terms and your use of the Services are governed and construed in accordance with the laws of the Republic of India.

12. Termination

These Terms remain effective until terminated by either you or the Company. You have the option to terminate at any time by discontinuing your use of the Website. We reserve the right to terminate these Terms without notice, denying access to the Website without any liability. Upon termination, both parties must promptly destroy all materials obtained from the Website, and the termination doesn't affect any pre-existing obligations, including payment for ordered products.

13. Dispute Resolution

In case of any complaints related to our Terms or products, both parties agree to attempt to resolve the issue using our internal complaints-handling procedure. If the issue remains unresolved, then such dispute shall be governed by the laws of India and the courts of Mumbai, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Mumbai, Maharashtra, India, subject to foreign legal mandatory provisions. Additionally, no claim or proceeding related to the services shall be commenced more than 6 months after the cause of action arose.

14. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at support@freekind.in