Terms and Conditions

Welcome to www.kahiniwalla.com! Please take a few minutes to review these Terms and Conditions. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them.

These Terms and Conditions May Change
Kahiniwalla reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we recommend that you review these Terms and Conditions each time your purchase from us or use our Web Site.

Shipping and Processing Fees
Our shipping and processing charges are applied to cover the costs incurred from processing your order, which includes packing, handling and shipping to you.
 
Use of our Web Site

User Comments
We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Kahiniwalla. Your submission of any such Comments shall constitute an assignment to Kahiniwalla of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Kahiniwalla will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Hyperlinks to other Web Sites

To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Kahiniwalla does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Disclaimer
This Web Site and all Content available on this Web Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that Kahiniwalla shall not be liable for any damages of any kind related to your use of this Web Site.

Limitations of liability
Kahiniwalla will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Kahiniwalla has been expressly advised of the potential loss.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Kahiniwalla’s liability in respect of any:

death or personal injury caused by Kahiniwalla’s negligence;
fraud or fraudulent misrepresentation on the part of Kahiniwalla; or
matter which it would be illegal or unlawful for Kahiniwalla to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties
[You accept that, as a limited liability entity, Kahiniwalla has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Kahiniwalla’s officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Kahiniwalla’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Kahiniwalla.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.


Product Information
The prices displayed on our Web Site or in our catalog are quoted in U.S. Dollars.

Inaccuracy Disclaimer
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Kahiniwalla reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Any action relating to the use of the Web Site, catalogs or any transaction with Kahiniwalla must be brought in the state or federal courts located Ohio.

Copyright
Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Kahiniwalla and its licensors.

Copyright license
Kahiniwalla grants to you a worldwide non-exclusive royalty-free revocable license to:

-view this website and the material on this website on a computer or mobile device via a web browser;
-copy and store this website and the material on this website in your web browser cache memory; and
-print pages from this website for your own [personal and non-commercial] use.

Kahiniwalla does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Kahiniwalla’s prior written permission.  

This website is provided “as is” without any representations or warranties, express or implied.  Austin D. Miller makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Austin D. Miller 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.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]