Terms and conditions

Legal

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.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 (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of kurogaming.com website

Overview

This website is operated by Kuro Gaming or its parent legal entity. Throughout the site, the terms "we", "us" and "our" refer to Kuro Gaming and/or its legal parent entity or organisation. Kuro Gaming offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Kuro Gaming Policies (including but not limited to Privacy Policy, Warranty Policy & Shipping Policy respectively available on kurogaming.com/privacy-policy, kurogaming.com/warranty-policy, kurogaming.com/shipping) as amended from time to time.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store/site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Kuro Gaming or its parent entity and these terms and conditions including the policies constitute Your binding obligations, with Kuro Gaming or its parent entity.

Our store i.e., kurogaming.com is Owned & Operated by us. It is an online e-commerce platform that allows us to sell our products and services to you. We do not have any affiliate websites or stores other than kurogaming.com

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a User on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Kuro Gaming allows the User to surf the Website without registering on the Website. The term "We", "Us", "Our" shall mean Kuro Gaming or its parent entity.

When you use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Kuro Gaming website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Kuro Gaming reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Kuro Gaming's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails, text messages or other data, information or communication to us, including through WhatsApp or any other communicating channel," You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Kuro Gaming is not and cannot be a party to or control in any manner any transaction between the Website's Users.

Henceforward:

1. Kuro Gaming does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Kuro Gaming does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Kuro Gaming accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2. Kuro Gaming is not responsible for any non-performance or breach of any contract entered into between Users and Manufacturers.
3. Kuro Gaming is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by us may be incorrectly reflected and in such an event we may cancel such your order(s).

4. You release and indemnify Kuro Gaming and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Kuro Gaming cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Membership on the Website is free for Users. Kuro Gaming does not charge any fee for browsing and buying on the Website. Kuro Gaming reserves the right to change its Fee Policy from time to time. In particular, Kuro Gaming may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Kuro Gaming reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Kuro Gaming Internet Private Limited.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
   1. belongs to another person and to which You does not have any right to;
   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
   3. is misleading in any way;
   4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
   5. harasses or advocates harassment of another person;
   6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
   7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
   8. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
   9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
   11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
   12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   13. contains video, photographs, or images of another person (with a minor or an adult).
   14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
   15. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Kuro Gaming's prior written consent means a communication coming from Kuro Gaming's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
   16. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
   17. interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
   18. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
   19. harm minors in any way;
   20. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
   21. violates any law for the time being in force;
   22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   23. impersonate another person;
   24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
   25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
   26. shall not be false, inaccurate or misleading;
   27. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
   28. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
2. You shall not use any "deep-link", "page-scrape", "robot", "spider", "crawler" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Kuro Gaming, kurogaming.com, Kuro, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Kuro Gaming or its associated entities on platform or otherwise tarnish or dilute any Kuro Gaming's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Kuro Gaming's systems or networks, or any systems or networks connected to Kuro Gaming.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kuro Gaming and / or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website
11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
12. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but has no obligation, to monitor the materials posted on the Website. Kuro Gaming shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Kuro Gaming views. In no event shall Kuro Gaming assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. Kuro Gaming shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Kuro Gaming has no control over such third party user generated content as Kuro Gaming is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise or even for not-for profit, without Kuro Gaming's express prior written consent signed by it"s Authorised Signatories.

You may use information on the products and services purposely made available on the Website for downloading, provided that You

1. do not remove any proprietary notice language in all copies of such documents,
2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
3. make no modifications to any such information, and
4. do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at kurogaming.com/privacy-policy. If You object to Your Information being transferred or used in this way please do not use Website.

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on kurogaming.com or its associated sub-domains (kurogaming.com) or with third party merchant's or third party merchant's website.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Kuro Gaming does not warrant that:

"This Website will be constantly available, or available at all; or

"The information on this Website is complete, true, accurate or non-misleading.

Kuro Gaming will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Kuro Gaming does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Services

Payment

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

1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further

1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between User and Seller and payment facility is merely used by the User and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Kuro Gaming liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Kuro Gaming's Website.
2. You have specifically authorized Kuro Gaming or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Kuro Gaming is on a principal to principal basis and by accepting these Terms of Use you agree that Kuro Gaming is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Kuro Gaming's Website that are paid for by using the Payment Facility. Kuro Gaming does not guarantee the identity of any User nor does it ensure that a User or a Seller will complete a transaction.
3. You understand, accept and agree that the payment facility provided by Kuro Gaming is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Kuro Gaming Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Kuro Gaming is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Users:

"You, as a User, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Kuro Gaming to purchase the products and /or services from Kuro Gaming using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Kuro Gaming using Payment Facility.

"You, as a User, may agree with Kuro Gaming through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

"You, as a User, shall electronically notify Payment Facility using the appropriate Kuro Gaming Website features immediately upon Delivery or non-delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, User is not required to confirm the receipt of products or services.

"You, as a User, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.

"You, as a User, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services

"Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

"For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the User (As per registration details provided by the User)

"Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

"For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

"Refund shall be conditional and shall be with recourse available to Kuro Gaming in case of any misuse by User.

"Refund shall be subject to User complying with Policies.

4. Kuro Gaming reserves the right to impose limits on the number of Transactions or Transaction Price which Kuro Gaming may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
5. Kuro Gaming reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Kuro Gaming or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. Kuro Gaming may do such checks as it deems fit before approving the receipt of/Users commitment to pay (for Cash On Delivery transactions) Transaction Price from the User for security or other reasons at the discretion of Kuro Gaming. As a result of such check if Kuro Gaming is not satisfied with the creditability of the User or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Users commitment to pay Transaction Price.
7. Kuro Gaming may delay notifying the payment confirmation i.e. preparing for Dispatch, if Kuro Gaming deems suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Kuro Gaming may hold Transaction Price and Kuro Gaming may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.
8. The User acknowledges that Kuro Gaming will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Kuro Gaming.

Compliance with Laws:

9. User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Kuro Gaming Website.

User's arrangement with Issuing Bank:

10. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.
11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank.

Store Credit

The Store credit is credit granted by Us typically in lieu of a cancelled order which is associated with your Website account. You can redeem it at your convenience against a purchase on the website. Please note that the User shall be responsible for redeeming the money lying to your credit in your Store credit account and Kuro Gaming does not assume any risk, liability or responsibility with respect to wallet money. Store credit will be non-refundable

Kuro Gaming will not pay any interest on the amount maintained by you in your specific Store credit account.

Limitation of Liability:In no event will Kuro Gaming will be liable for any money lying to your credit in wallet, any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the music available on the Website is the sole and exclusive property of third parties. Seller represents and warrants that Sellers are authorized by such third parties to upload the music on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Kuro Gaming as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

Your request to download a MP3 music file is personal to You, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.

Software: Seller may make available to You, from time to time, software for Your use in connection with the download of MP3 music files (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the download of MP3 music files on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, (i) in no event shall Our or software licensors' total liability to You for all damages arising out of or related to your use or inability to use the Software and / or download manager or any other application exceed the amount of ₹20; and (ii) in no event shall Our or Our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Software: We may make available to you, from time to time, software or updates for your use in connection with the download of eBooks (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the download of eBooks on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, in no event shall our or our and/or our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Indemnity

You shall indemnify and hold harmless Kuro Gaming, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Hyderabad, Telangana.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Kuro Gaming make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Kuro Gaming is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by Kuro Gaming and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Kuro Gaming respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Kuro Gaming at [email protected]

Kuro Gaming we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL KURO GAMING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

If you believe that your rights are being violated by an item or information on the Kuro Gaming.com site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF or Fax to the Grievance Officer:

Name: Mr. Surya Regunta
Hyderabad- 500014
Telangana, India
Phone: +91 - 9346892312
Email: [email protected]
Time: Mon - Sat (11:00 AM- 5:00 PM)

(We will accept a signed PDF via e-mail with the subject line "Claim of Infringement" unless by prior agreement we have agreed with you for an alternative receipt mechanism).

Kuro Gaming Software Terms

1. Use of the Kuro Gaming Software

You may use Kuro Gaming Software solely for purposes of enabling you to use and enjoy the Kuro Gaming Services as provided by Kuro Gaming, and as permitted by the Conditions of Use, these Kuro Gaming Software Terms and any Terms. You may not incorporate any portion of the Kuro Gaming Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Kuro Gaming Software or otherwise assign any rights to the Kuro Gaming Software in whole or in part. You may not use the Kuro Gaming Software for any illegal purpose. We may cease providing any Kuro Gaming Software and we may terminate your right to use any Kuro Gaming Software at any time. Your rights to use the Kuro Gaming Software will automatically terminate without notice from us if you fail to comply with any of these Kuro Gaming Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Kuro Gaming Software that are specifically identified in related documentation may apply to that Kuro Gaming Software (or software incorporated with the Kuro Gaming Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Kuro Gaming Service is the property of Kuro Gaming and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

2. Use of Third Party Services

When you use the Kuro Gaming Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Kuro Gaming Software, whether in whole or in part, or create any derivative works from or of the Kuro Gaming Software.

Updates

In order to keep the Kuro Gaming Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Conditions of Sale (between Sellers and the Customer)

Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the Kuro Gaming.com (the website). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future KuroGaming.com service (eg: Wishlist or Marketplace or Kuro Gaming MP3 Service), you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

1. Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products on the website by us to you.

2. Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.

Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

3. Returns

Please review our Returns Policy, which applies to products sold by us.

4. Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.

For more details, please review our Pricing policy and our Availability Guide, both of which apply to products ordered from us.

All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.

5. Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

6. Health & Safety

By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read and understood our Health & Safety Guidelines.

7. Children

Use of Kuro Gaming.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

8. Communications

When you visit Kuro Gaming.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

9. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.

10. Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

11. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

12. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

13. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

Grievance officer

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

Name: Mr. Surya Regunta
Hyderabad- 500014
Telangana, India
Phone: +91 - 9346892312
Email: [email protected]
Time: Mon - Sat (11:00 AM- 5:00 PM)

POLICIES

Profanity Policy

Kuro Gaming prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

Please report any violations of this policy to the correct area for review:

"Report offensive Display Names

"Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

Kuro Gaming will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:

1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.

Replacement Guarantee*

Kuro Gaming reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Kuro Gaming may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

For more details related to Replacement Policy, refer to kurogaming.com/returns-replacements

Returns Policy

Defination: 'Return' is defined as the action of giving back the item purchased by the User to Kuro Gaming. Following situations may arise:

1. Item was defective
2. Item was damaged during the Shipping
3. Products was / were missing
4. Wrong item was sent by the Seller.

We encourage the User to review the listing before making the purchase decision. In case User orders a wrong item, User shall not be entitled to any return/refund.User needs to raise the refund request within 7 days from the date of payment realization. Once User has raised a return request by contacting Us.

while closing the return ticket WE (Kuro Gaming) can select one of the following:

1. Replace after shipment collection - wait for the logistics team to collect the shipment from the User before replacing it
2. Refund after shipment collection - wait for the logistics team to collect the shipment from the User before refunding
3. Refund without shipment collection - refund the User without expecting the original shipment back
4. Replace without shipment collection - replace the order without expecting the original shipment back
5. On certain select days as specified by Kuro Gaming separate policies may be applicable.

In the event the Kuro Gaming accepts the return request raised by the User, User will have to return the product and then the refund shall be credited to the Users account.

Further for returns being made by User, the following parameters needs to be ensured by the User:

1. Condition: Should be "New" and returned with original packaging, Accessories, Freebies, and any others included in the original product.If the product being returned is not in accordance with the above parameters, then User shall not be entitled to any refund of money.

Shipping cost for returning the product shall be borne and incurred by the User.

Replacement

Replacement is the action or process of replacing something in place of another. A User can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Points to be noted:

1. Kuro Gaming can always accept the return irrespective of the policy.

User need to raise the replacement request within 24 Hours from the time of delivery of products in case of damaged during transit or Wrong item received or Dead on Arrival cases. In case of faulty product or Item was defective, the user can raise the replacement request within 7 Days from the date of delivery.

Once the replacement request has been raised, the following steps shall be followed:

1. User is asked for "Reason for Return". Among others, the following are the leading reasons
   • Shipping was damaged
   • Item was defective
   • Item Dead on Arrival
   • Item(s) were missing
   • Wrong item sent
2. In case Kuro Gaming accepts the replacement request, User shall be required to return the product to Kuro Gaming and only after return of the product, Kuro Gaming shall be obliged to provide the replacement product to the User.
3. In case Kuro Gaming rejects the replacement request, User can choose to raise a dispute by writing to [email protected] with the subject "Return Dispute" with the order ID

In case Kuro Gaming doesn't have the product at all, Kuro Gaming can provide the refund to the User and User shall be obligated to accept the refund in lieu of replacement.

All shipping and other replacement charges shall be borne and incurred by the User in case transit insurance is not secured during order placement.

Email Abuse & Threat Policy

1. Private communication, including email correspondence, is not regulated by Kuro Gaming. Kuro Gaming encourages its Users to be professional, courteous and respectful when communicating by email.
2. However, Kuro Gaming will investigate and can take action on certain types of unwanted emails that violate Kuro Gaming policies.
3. Such instances:
   1. Threats of Bodily Harm - Kuro Gaming does not permit Users to send explicit threats of bodily harm.
   2. Misuse of Kuro Gaming System - Kuro Gaming allows Users to facilitate transactions through the Kuro Gaming system, but will investigate any misuse of this service.
   3. Spoof (Fake) email - Kuro Gaming will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.
   4. Spam (Unsolicited Commercial email) - Kuro Gaming's spam policy applies only to unsolicited commercial messages sent by Kuro Gaming Users. Kuro Gaming Users are not allowed to send spam messages to other Users.
   5. Offers to Buy or Sell Outside of Kuro Gaming - Kuro Gaming prohibits email offers to buy or sell listed products outside of the Kuro Gaming Website. Offers of this nature are a potential fraud risk for both Users and Sellers.
4. Kuro Gaming policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
5. Violations of this policy may result in a range of actions, including:

"Limits on account privileges

"Account suspension

"Cancellation of listings

"Loss of special status

Other Businesses

Kuro Gaming does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Kuro Gaming assumes no responsibility for examining or evaluating the products and services offered by them. Kuro Gaming do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Kuro Gaming does not endorse, in any way, any third party website(s) or content thereof.

By visiting this Website (henceforth referred to as "kurogaming.com" or "Kuro Gaming" or "Website") you agree to be bound by the following Terms of Service and related conditions. If you do not agree please do not use or access our Website.

NOTE: You are responsible for your software and data. Kuro Gaming is not required to advise or remind you of appropriate backup and other procedures. Kuro Gaming is not responsible for any lost data or software in your Product.

1. Goods once sold will not be taken back or exchanged. Once invoice made cannot be modified or cancelled for any reasons thereof.
2. Refunds are issued only in case of complete loss of shipment
3. Expected time of delivery is 7-8 working days
4. Shipping is done by our logistics partner or third party service provider - depending on shipment load and location
5. It is also the duty of the User to immediately check physical condition of the purchased goods on receipt. Any transit damage should be reported within 1-2 days of receiving the shipment.
6. Any products purchased from us for any special usage in abnormal environment i.e. Other than normal usage should be informed to us at the time of purchase otherwise the warranty is void and null.
7. No Customer can waive responsibility on grounds of ignorance of terms & conditions.
8. Physical damage / mishandling of products / Tampering of warranty stickers - do not cover warranty. All product sold by us require technically qualified PC Hardware engineer for installation.
9. The court at Hyderabad, Telangana shall have exclusive jurisdiction for deciding any disputes arising out of this sale contract.

General Terms:

1. All information displayed, transmitted or carried on kurogaming.com is protected by copyright and other intellectual property laws.
2. This site is updated and maintained independently by KURO GAMING. The content is owned by KURO GAMING You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, re-post, perform, display or in any way commercially exploit any of the content.
3. KURO GAMING disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Hyderabad, Telangana, India.
4. KURO GAMING reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
5. KURO GAMING values the privacy of information pertaining to its associates. We do not use or disclose information about your individual visits to our website or any information that you may give us, such as your name, address, email address or telephone number, to any outside sources.
6. KURO GAMING reserves the right to refuse service to anyone at any time.

Disclaimer

1. KURO GAMING and their respective publishers, authors, agents and employees have done their best to ensure the accuracy and currency of all the information on this website contributed by them; however, they accept no responsibility for any loss, injury, or damages sustained by anyone as a result of information or advice contained on the site nor for the results of any travel arrangement originating from this site.
2. KURO GAMING and their respective publishers, authors, agents and employees make no representations about the suitability of the information contained in the documents and related graphics published on this website for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind, statutory or otherwise. KURO GAMING and their respective publishers, authors, agents and employees disclaim all warranties and conditions with regard to this internet site and the information contained therein, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall KURO GAMING and their respective publishers, authors, agents and employees, be liable for any special, indirect, or consequential damages or any damages whatsoever whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of this internet site or of the information and documents contained therein, provision of or failure to provide services, or any other information directly or indirectly available from this website.
3. The documents and related graphics published on this website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. KURO GAMING may make improvements and/or changes in the product(s) described herein at any time. The linked sites are not under the control of KURO GAMING and their respective employees are not responsible for the contents of any linked site or any link contained in a linked site. KURO GAMING is providing these external links to you only as a convenience, and the inclusion of any link does not imply endorsement by KURO GAMING of the site. All views expressed by individuals on this site are their personal opinions and are not necessarily those of or endorsed by KURO GAMING

1. Format of the Contract
   1. These terms of sale apply to all goods supplied by KURO GAMING, whose registered office is at Flat 503, T Block, Hi Vision Residency, Kompally, Hyderabad-500014, Telangana (the "Supplier", "Our").
   2. No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
   3. By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
   4. The contract is subject to your right of cancellation (see below).
   5. The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
   1. The description and price of the goods you order will be as shown on the Supplier"s website at the time you place your order.
   2. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, KURO GAMING will inform you as soon as possible and offer you an alternative unit, or credit you for any sum that has been paid by you or debited from your end for the goods.
   3. Every effort is made to ensure that prices shown on the Supplier"s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 7-day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your account for the goods.
   4. In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
   1. Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
   2. There will be no delivery until cleared funds are received.
   3. Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4. Delivery
   1. The goods you order will be delivered to the address you give when you place your order. (Only in INDIA)
   2. Orders placed before 3.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
   3. If delivery cannot be made to your address for reasons under the Supplier"s control the Supplier will inform you as soon as possible.
   4. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier
      1. Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
      2. Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
   5. If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your account for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
   6. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
   7. Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
   8. AFTER PICK UP: Please do note once the courier picked up your parcel from us it"s out of our hands and we are not liable for late deliveries. Please phone the courier Kuro Gaming if you are worried about the delivery time or day.
   9. KURO GAMING assumes no liability for orders shipped to incomplete or incorrect shipping addresses supplied by the customer. Any additional fees for such orders will be the responsibility of the customer.
   10. Parcels will only be dispatched once payment reflects and has cleared in the bank account if paying by bank deposit.
   11. KURO GAMING cannot be held liable for missing or damaged parcel in transit, or any delays caused by the couriers or any 3rd party.
5. Risk/Title
   1. The goods are at your risk from the time of delivery.
   2. Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respec
      1. The goods, and
      2. All other sums which are or which become due to the Supplier from you on any account.
      3. The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
   1. If you are a business customer until ownership of the goods has passed to you, you must:
      1. store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier"s property;
      2. Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier"s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier;
      3. Hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
   2. If you are a business customer your right to possession of the goods shall terminate immediately if
      1. you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
      2. you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts.
7. Terms of Sale
8. Warranty
   1. All goods supplied by the Supplier are warranted free from defects for Return to Base 1 Year from the date of invoice. This warranty does not affect your statutory rights as a consumer.

   Where goods are provided with a warranty period greater than 12 months, the first 12 months of the warranty covers all parts and labour costs, where as any subsequent period of the warranty cover only relates to labour costs only. e.g. If a product is sold with a 3-year warranty, the first 12 months covers parts and labour, and the next 24 months covers labour costs only.

   RTB

   Return to base warranty means if any of the component becomes faulty during the warranty period then customer will have to send the faulty part to KURO GAMING service centre & KURO GAMING will send back the replaced/repaired part to the customer.

   DOA

   Dead on Arrival, if the product doesn"t start/work or found physically damaged on delivery then customer will have to inform KURO GAMING within the DOA policy duration about the same and KURO GAMING shall take care of the system & resolve the issue on customer"s site.

   Note: Consumer Hard Drives comes with only 2 years warranty.

   As stated above we provide Return to base warranty which means, Customers are liable for the shipping charges for returning of faulty goods. Shipping charges will not be refunded.

   2. We will not accept any item that has physical damage. Physical damage is any damage that is not caused by any normal wear and tear. If we receive an item that is physically damaged, it will be returned to the User at their expense. The most common forms of physical damage we receive are from CPU and motherboards returns caused by incorrect installation. Please understand that these are policies established by the manufacturer and some of the definitions below were taken directly from them
   3. If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the Contact Us section of the website within 24 hours of delivery.
   4. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier(KURO GAMING) in writing via the Contact Us section of the website, as soon as possible, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint. Failure to do so will mean that the said defect occurred at the time when it is actually reported to us.
   5. All Promotional items (free goods e.g. mouse/mouse pad/external drive/components etc.) do not carry any Warranty. KURO GAMING will not be held liable for any faults on these items, as they are provided as-is from the respective manufacturer.
   6. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier"s instructions, or any alteration or repair carried out without the Supplier"s approval.
   7. We do not sell Items for Mining.
   8. For EDL Location, Limited / No onsite support is provided and DOA cases will be solved on conditional basis.
9. Limitation of Liability
   1. Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances w
      1. There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
      2. Such loss or damage is not a reasonably foreseeable result of any such breach;
      3. Any increase in loss or damage resulting from breach by you of any term of this contract.
   2. Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier"s negligence or fraudulent misrepresentation.
   3. If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. Data Protection
    1. The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11. Images
    1. Product images are for illustrative purposes only and may differ from the actual product.
12. Promotions
    1. Promotional items are valid during specific promotional times, Promotional items will not be provided prior to their respected start dates. ALL promotions are valid while stocks last, should stock deplete during the promotional time, KURO GAMING regretfully will not be able to further fulfil promo give-aways. KURO GAMING cannot be held liable once stock has run out of promotional give-aways.
    2. KURO GAMING reserves the right to amend or cancel the terms any Promotion at any time without prior notice.
    3. KURO GAMING IS NOT BOUND BY, AND WILL BE UNDER NO LIABILITY FOR, ANY STATEMENT BY ANY CONFLICT WITH ANY PROMOTIONS TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING AMD UNIQUE ID, KEY CODE AVAILABILITY AND/OR THAT MORE AMD UNIQUE IDS, KEY CODES WILL BE AVAILABLE OR DISTRIBUTED TO Customers.
    4. KURO GAMING is not responsible for lost, late, incomplete, invalid, altered, unintelligible or misdirected registration forms or submissions, which will be void. KURO GAMING is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that a Participant is prevented from participating in the Promotion.
    5. KURO GAMING is not responsible for invalid, incorrect, or unreachable email addresses provided by a User.