Privacy policy
INTRODUCTION
Welcome to kookaburrasport.co.in, the official website of Kookaburra Sport India, offering an authentic range of Kookaburra cricket and sports gear.
By visiting our website and/or purchasing something from us, you agree to be bound by the following Terms and Conditions (“Terms”, “Terms of Service”), including those additional terms and policies referenced herein and/or available by hyperlink.
These Terms apply to all users of the site, including browsers, vendors, customers, and contributors of content.
Please read these Terms and Conditions, together with our Privacy Policy, carefully before using kookaburrasport.co.in (the “Site”) and the features, content, and services offered by Kookaburra Sport India (“Kookaburra”, “Company”, “we”, “our” or “us”).
Kookaburra Sport India reserves the right to accept, reject, or remove users from the website without providing a reason. We may also restrict access to certain parts or all of this Website at our discretion.
JURISDICTION AND GOVERNING LAW
Any dispute arising between you and Kookaburra Sport India shall be governed by and interpreted in accordance with the laws of India. The courts situated in Meerut, Uttar Pradesh shall have exclusive jurisdiction over any such disputes.
OTHER DEFINITIONS
“Agreement” means these Terms and Conditions and any documents incorporated by reference.
“Kookaburra Sport India” refers to the entity operating the official Indian website of Kookaburra products. “Products” mean sports goods, cricket equipment (including bats, balls, protective gear, apparel, shoes, and accessories) offered through our Site. “Offerings” include all products, services, features, and functionalities available on the Site. “Site” refers to [https://kookaburrasport.co.in](https://kookaburrasport.co.in) and its subdomains.“User” or “End User”means any person accessing the Site for browsing or purchasing products.
LICENSE & SITE ACCESS
All content on kookaburrasport.co.in, including text, graphics, images, logos, icons, audio clips, and software, is the property of Kookaburra Sport India or its licensors.Copying, modifying, reproducing, or distributing any part of this Site without prior written permission is strictly prohibited. Unauthorized use may result in legal action.
Our Site may contain links to third-party websites. Kookaburra Sport India is not responsible for the content, accuracy, or availability of these external sites.
INCORPORATION BY REFERENCE
This Privacy Policy, along with our Returns & Cancellations Policy, Product Descriptions, and Pricing Information, forms an integral part of these Terms and Conditions. In case of any conflict, these Terms & Conditions will prevail.
ACCOUNT
By registering or purchasing through kookaburrasport.co.in, you represent that you are of legal age to form a binding contract under Indian law. You are solely responsible for maintaining the confidentiality of your login details and all activities under your account. Kookaburra Sport India will not be liable for any misuse of your account. If you have supplied us with your correct email ID then you will receive your order details via email. You solely own the rights of the account. Your account and the information provided by you in relation thereto shall be governed by the Privacy Policy available on our Site. Any account activity found violating the policies will stand cancelled and may result in termination of your account/ membership.
TRADEMARKS & LOGOS
The trademarks, logos and service marks displayed on kookaburrasport.co.in are registered trademarks of Kookaburra Sport India, its affiliates and other respective third parties. Nothing contained on kookaburrasport.co.in should be construed as granting any license or right to use any trademarks without the prior written permission of the website owner.
MEMBERSHIP ELIGIBILITY
Persons who cannot enter into legally binding contracts in accordance with the provisions of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not entitled to use kookaburrasport.co.in Persons under the age of 18 years but above 13 years of age (“Minors”) may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If the Minor’s age is below that of 18 years, only the Minor’s parents or legal guardians can transact on behalf of such Minors, provided that their parents/ guardians are registered users. Minors are prohibited from purchasing any material. The Site is freely accessible to the End User, however; the End User will have to register with kookaburrasport.co.in and create their individual registration account prior to any purchase of products. All registration information must be correct, complete and promptly updated by the End User.
GOVERNING LAWS
Use of kookaburrasport.co.in shall in all respects be governed by the laws of India, regardless of the laws that might be applicable under principles of conflicts of law. These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Meerut.
INDEMNITY
kookaburrasport.co.in, its partners, officers, directors, shareholders, parents, subsidiaries, affiliates, employees, or joint venture partner are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages and/or costs of any kind, arising from your use of this website or your breach of these terms.
LIMITATION OF LIABILITY
In any event the liability of kookaburrasport.co.in, for any loss or damage caused to you, whether direct or indirect, shall not exceed the amounts already paid by you to the kookaburrasport.co.in in relation to the purchase of Offerings through your Account. kookaburrasport.co.in will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of kookaburrasport.co.in, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. We suggest you take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of destructive nature. While availing any of the payment method/s offered by kookaburrasport.co.in, kookaburrasport.co.in is not responsible or takes no liability of any kind in respect to any loss or damage arising directly or indirectly to you out of the decline due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your “Bank/s” and/or Service Provider/s, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.
PAID OFFERINGS
Certain of our Offerings, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Offerings”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We make every effort to display as accurately as possible the colors, images, specifications, and details of our products on the website. However, we cannot guarantee that your device or monitor will accurately display product colors, and actual products may vary slightly from the images shown.
Product specifications, features, dimensions, weights, designs, colors, graphics, grips, packaging, accessories, and other product details may be changed, updated, or modified by us from time to time without prior notice. While we strive to keep product information current and accurate, the products delivered may differ slightly from the images, descriptions, or specifications displayed on the website. Such variations shall not be considered defects or grounds for return, provided the product supplied is the correct model and fit for its intended purpose.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer.
All product descriptions, specifications, availability, and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to correct any errors, inaccuracies, or omissions and to update or modify information on the website at any time without prior notice.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your individual expectations, nor do we warrant that any errors in the Service will be corrected.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
BILLING AND PAYMENT
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Offerings (your “Billing Account”) for use of the Paid Offerings. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Offerings, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Offerings in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
USER FEEDBACK AND SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
We may terminate your access to all or any part of the Offerings at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Offerings. Any fees paid hereunder are non-refundable. All provisions of these Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
