Terms of Service

  1. Sections 13 and 14 name the wrong legal entity. Both the limitation-of-liability clause and the indemnification clause name “Eden – The Store” as the protected party, on a website whose own Overview section states it is operated by K C Exim Pvt Ltd. This is a copy-paste from the Eden The Store terms. As drafted, the two clauses that exist specifically to protect K.C. Exim protect a different entity. This is the most consequential error anywhere on the site, and it is a legal one, not a cosmetic one.
  2. Section 18 has no jurisdiction clause. It states that the terms are governed by the laws of India but does not specify which courts have jurisdiction. Standard practice is to name the courts at Kolkata.
  3. No effective date. Add one, and add it to the top of the page.

Also confirm with counsel whether these terms are appropriate at all for kcgr.in, given that the site’s only transactional surface is the Sales page. They read as e-commerce terms written for a grocery store.