© KILOWA 2020
Commercial Kitchen Design, Laundry Planning & Waste Management
Terms & Conditions
Welcome to kilowa.design!
These terms and conditions outline the rules and regulations for the use of KILOWA's Website, located at www.kilowa.design. The website and its contents are exclusive rights, intellectual property, and part of VKAV Hospitality Pvt Ltd, having its registered office at 273, Vijay Veer, Awas Yojna, Sector 18-A Dwarka New Delhi INDIA 110075.
By accessing this website we assume you accept these terms and conditions. Do not continue to use kilowa.design if you do not agree to accept all of the terms and conditions stated on this page.
These are terms and conditions which apply when you purchase from KILOWA’s professional services in terms of the Products and Services listed in the selected packages and components.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person logging onto this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves.
The client acknowledges these Terms when initiating a transaction, which is, therefore, a contractual deal between the parties.
These Terms represent our entire agreement on the subject matter and hence supersede any existing agreement and understanding between us on the topic. There shall not be any representations, warranties, terms, conditions, undertakings, or collateral agreements between us other than an expressly provided in these Terms. The failure of the Company to exercise any obligation or provision of the Terms shall not constitute a waiver of such rights or provisions.
In the jurisdiction where the Client resides, the client must be 18 years and older or at least the age of majority.
The Client accepts that the Company shall use the email address provided as the primary communication method.
For these Terms, the Client along with their company, successors, and assigns shall be the individual who has carried out a package or additional service covered by these Terms.
The Client accepts and understands that the Company may amend these Terms at any time by posting the relevant updated and restated Terms on the Company’s website. Following the posting of the amended Terms on the website, the Client’s continued use of the Products constitutes the Client’s agreement to, and acceptance of, the amended Terms. If the Client does not agree to any changes to the Terms, do not continue to use the Product(s).
All information provided to the Company and to be issued by Company shall be in the English Language.
Products include Electronic Drawings provided as AutoCAD sheet size A1 (scale 1:50 for layouts) – a standard Company drawing protocol will apply -Company legend and title block shall be utilized except in the case of white labeling - Text (editable) shall be as per Company standard.
Drawings received from the Client must be compatible with AutoCAD. The layouts offered as a base layout by the Client must include the entire building for which the Company services are being required and other areas if applicable. The drawings must include all architectural and civil information required to produce a flow of services. All areas commonly included in such drawings must be present including all back of house rooms of all disciplines and services. The Company shall utilize these drawings provided as its base drawing and shall amend the base layout to match International standards in respect of the areas it is contracted to design.
The timings mentioned in our offer are for our base package. For any additional considerations/resources that may need additional time, might be required. Where appropriate, the client shall be advised.
The Company ensures that the standard of the Products meets its award-winning design standards. The Company upholds the right to refuse any project it considers to be inappropriate for its scope mentioned or if time constraints are resulting in inferior Products being produced. In either case, the Client shall be notified and a refund of fees sent will be made.
Unless otherwise stated, KILOWA and/or its licensors own the intellectual property rights for all material on kilowa.design. All intellectual property rights are reserved. You may access this from kilowa.design for your personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from kilowa.design
- Sell, rent, or sub-license material from kilowa.design
- Reproduce, duplicate, or copy material from kilowa.design
- Redistribute content from kilowa.design
- Be careful of any contents from a duplicate or similar name website.
4] Comments / Blogs and Articles
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. KILOWA does not filter, edit, publish, or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of KILOWA, its agents, and/or affiliates. Comments reflect the views and opinions of the persons who post their views and opinions. To the extent permitted by applicable laws, KILOWA shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
KILOWA reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant KILOWA a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.
5] Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
online directory distributors;
- internet portals;
- accounting, law, and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavorably to ourselves or our accredited businesses;
(b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of KILOWA, and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and
(c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to KILOWA. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of KILOWA's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
7] Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
8] Your Privacy
9] Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
10] Payments & Transactions
Payment shall be done in advance for any service delivery.
All invoices until published are deemed definitive and are revoked only at the Company's sole discretion
The Client is not entitled to withhold payment after they have become due regardless of the privilege of set-off or counterclaim which the Client may possess or apply or for any other reason whatsoever.
The Conditions as set out on the website are hereby recognized without any restrictions or deductions upon purchase of a package or additional facilities.
The completeness and appropriateness of the briefs and the electronic AutoCAD drawings received by the Customer are subjected to any of the production dates given to the Customer by the Supplier. Any lead times start when the complete payment, AutoCAD, and other briefing material is charged to the Client.
All payments to be rendered under these Terms shall be made in cleared funds, without deductible or set-off, and free and without deductible on or against any fees, taxes, imports, duties, bank charges, and charges of some form which may be levied or hereinafter by any government or tax or other agency.
If the Company is required to make any charges by ensuing legislation, the Client must reimburse the Company all extra funds that are needed to compensate for the Company's collection of all sums earned by the Company except for such levies.
Therefore should the Company be needed to pay any Taxes applicable for the particular country, s.a Value-Added Tax (“VAT”) in terms of the services or Products rendered by the Company to the Client under these Terms and previously invoiced to the Client by ensuing legislation introduced in the applicable. The Company shall make such payments to the authorities on behalf of the Client and shall raise an appropriate invoice. The Client is required to pay to the Company such VAT in 30 days from the generated invoice date. Moreover, all fees and expenses needed to be paid for these Terms must be paid in addition to VAT, chargeable thereon in any jurisdiction.
From the date of purchase, the Products are valid for one year.
Federal, provincial, state, local, or other governmental sales, goods and services, harmonized or other taxes, fees or charges fees now in force or enacted in the future are not included in the main fees, and this will be charged extra to the client, as and if applicable.
11] Safe Online Payments
The Company does not collect personal details from its clients, such as credit card numbers. Upon approving an order on the KILOWA website, a client will be referred to the payment portal for a safe electronic payment with applicable third-party Terms & Conditions.
The company reserves the right to revise the prices at any point in time. The notice can be rendered at any time by uploading changes to the website. The Company retains the right to change the Products it sells or some aspect thereof, halting or discontinuing them with or without warning at any time. To any alteration to or market change, termination or discontinuation of its offerings as defined by its Products, the Company shall not be responsible to the Client or Third Parties.
The Company is not liable for any damage or expense caused by defects in the delivered Products, delayed delivery, missing Products, caused by Force Majeure events (as defined herein).
The Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, use, or other intangible losses resulting from the use of or inability to use the Products. The client agrees to indemnify and hold the Company and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand of any type from the Client or any Third Party.
The Company is not liable for loss of profit or consequential or other loss of whatever nature arising from any defects in the Products, under any circumstances. The Company shall have no liability in contract or for any injury, loss or expense or direct and indirect damage, and especially disclaims all liability for property damage and loss of profit and other consequential loss in each case howsoever attributable to the supply or use of the Products. If, despite the limitations mentioned, the Company is held and found liable for damages, the aggregate sum of compensation must be limited to the actual damages proved and must under no circumstances exceed the order value and fees already paid.
Under no circumstances, should the supply of Products be interpreted as recognition of the Company’s admission of any liabilities. The Corporation shall not be kept liable for faults already existing or for flaws that would be protected by certain parties' warranty or care responsibility.
The Company shall not be held accountable for claims, losses, damages, costs (including reasonable legal costs), expenses and liabilities arising out of or relating to any negligent act or omission or wilful misconduct by the Client or any of its employees, agents, or officers.
The Client is liable for and shall cover, indemnify and hold harmless the Company, from and against all claims, losses, damages, costs (including reasonable legal costs), expenses, and liabilities of every kind or nature arising from any breach of these Terms by the Client.
13] Risk and Property
If the Company provides the products to the Client in accordance with these Terms, the Company shall not be responsible for the protection of the Goods if the hazards in the Products are passed on to the Client. All products are delivered via an SSL internet connection.
14] Technical Advice & Inspection
In regards to the purchase or distribution of goods, if the Company offers the Client with technical advice or inspection, the Company does not provide a warranty about any technical advice or inspection even where the Company has specifically decided in principle to do so. All allegations resulting from such professional guidance or testing would be innocuous from the Client or testing would be innocuous from the consumer.
15] Intellectual Property Rights
The sale of Products shall not grant the Client any privilege or benefit, irrespective of any input by the Client to the selling of any of the Company's ('Intellectual Properties') logos, trademarks, copyrights, manufacturing designs, or other intellectual property assets.
When buying a package, the Client is entitled to the sole use of any Products or knowledge provided by the Company for the Client's project mentioned in his application
With regards to any Intellectual Property rights related to the Products, the Customer may not challenge or conspire to contest or question the title of the company or any associated entity.
The Client is not allowed to use a brand name or a trademark used or licensed by the Company unless authorized in writing by the company. The Client shall not portray to another individual that he has any rights in the Intellectual Property.
If the Client or any entity related to the Client initiates any change to the Products, then the Client or his representatives shall delete any logos and references to the brand from the Products.
The policy includes the usage of the Client's information by the Company for its strategy. The Company takes your privacy earnestly and takes appropriate steps to secure Client data. Any sensitive information obtained is only included in order to comply with the order. The Company will not share or offer Personal details to anyone. The rules and conditions of the Company can also be modified or revised to satisfy the specifications and expectations. Clients are also advised to review these pages regularly and refresh their website updates. Changes may occur on the day they are released.
17]. Force Majure
Under these Terms, Force Majeure included any issues prohibiting either Party from performing any or all of its duties which arise from acts, events, avoidance, or accidents beyond the control of the Party. Also, including failures to obtain requested governmental visas, work permits or other authorizations or licenses, strikes, lock-outs or other industrial disputes (involving the staff of the Party so prevented or of any other Party including sub-contractors), nuclear accident or acts of God, war (declared or undeclared) or terrorist activity, insurrections, nuclear chemical or biological contamination, riot, civil commotion, trade embargo, malicious damage (excluding malicious damage involving the employees of the affected Party or its sub-contractors), compliance with any new laws or governmental orders, rules, regulations or directions, accidents, breakdown of plants and machinery, bad weather conditions, fire, flood, or storm or default of suppliers or sub-contractors.
If any Party is prevented or delayed in carrying out any of its responsibilities pursuant to these Terms by Force Majeure, that Party ("the Claiming Party") shall forthwith notify the other Party, in writing, of the nature and scope of the circumstances which give rise to Force Majeure; and shall not be liable for any delay in the performance or non-performance of any responsibilities under these Terms if the delay or non-performance is due to Force Majure.
The Company shall have the freedom at any point within a duration of Force Majeure to revoke such Terms if, in the Company's fair view, the continued Product supply is no longer commercially feasible.
In situations where the Company is not permitted to exercise its duties for a prolonged duration extending 3 months, without prejudice to Clause 8.3, the Company may automatically terminate these Terms by giving written notice to the Client and, in such case Party has any responsibility but for the rights and responsibilities already accrued that continue to exist or are expressed to exist beyond terminating these Terms.
In the case of Force Majeure not taking place, payments have to be rendered on the Products that the Company has already provided to the Client.
Any Party can terminate these Terms immediately if: The other Party fails to perform or observe any obligation in the Agreement and such Party does not correct the failure (where the failure can be corrected) within 3 days, or a longer period agreed by both Parties, after receipt from the non-defaulting Party mentioning their failure.
An application or order is formed for the dissolution of the other Party or any course of action taken to pass a resolution for the winding up or dissolution of the other Party by appointing a receiver, receiver and manager, administrator, trustee, mortgagee, or similar official over any of the assets or undertakings of the other Party and the other Party enters or resolves to enter into any agreement or compromise with or assignment for the benefit of any type of its creditors.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
These Terms shall be regulated by the laws of Courts of New Delhi, India and shall be understood accordingly.
Any conflict emerging out of or linked to the agreement/terms and conditions (and / any non-contractual disputes claims arising out of them in connection with them, shall be subject to the Courts of New Delhi, India, including matters concerning its life, its legitimacy, and termination.
21] Governing LAW
These terms and conditions shall govern by the prevailing laws applicable for Contracts, for the jurisdiction of Courts of New Delhi, INDIA.