Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Craftkari.
· The domain name Craftkari.in (hereinafter referred to as the “Website”) is owned by Craftkari located at _____.
· The Craftkari website is an Internet based content and e-commerce portal.
· Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. By mere use of the website, You shall be contracting with Craftkari.
2. Membership Eligibility:
The services of the website can be used only by persons that are competent to enter into a contract under the Indian Contract Act, 1872. The persons who are incompetent to enter into a contract within the meaning of Indian Contract Act including minors, undischarged solvents shall not be eligible to use the website. If a minor, i.e. below the age of 18 years wishes to use or transact on the website, then it shall be done by his legal guardian or parents on us behalf. The website reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Craftkari's notice or if it is discovered that you are under the age of 18 years.
3. User Account, Password, Security:
On completing the website’s registration process, you will receive a display name and password. You shall be fully responsible for the activities that occur on your password or account. You agree to (a) immediately notify Craftkari of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit at the end of each session from your account. Craftkari cannot and will not be liable for any loss or damage arising from your failure to comply with this part.
4. Services Offered:
Craftkari provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as Stationary, Jewelry, Gift Cards and miscellaneous items amongst others (collectively, "Products"). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are found here), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
6. User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
· Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
· Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
· Conduct or forward surveys, contests, pyramid schemes or chain letters;
· Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
· Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
· Violate any applicable laws or regulations for the time being in force in or outside India; and
· Violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
7. User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Craftkari.
8. Intellectual Property Rights:
· Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Craftkari owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Craftkari without obtaining explicit authorization from Craftkari.
· Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
9. Disclaimer of Warranties and Liabilities:
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, Craftkari 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.
Craftkari 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. Craftkari does not warrant that this site; information, Content, materials, product 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.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Craftkari's discretion.
11. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
12. General Terms and Conditions:
· Each member is responsible for remaining knowledgeable about the Website’s Terms and Conditions.
· Craftkari will not be liable or responsible for correspondence lost or delayed in the mail/e-mail.
· Craftkari reserves the right to refuse, amend, vary or cancel membership of any Member without assigning any reason and without prior notification.
· Any change in the name, address, or other information relating to the Member must be notified to Craftkari via the Helpdesk/email by the Member, as soon as possible at firstname.lastname@example.org.
· Craftkari reserves the right to add, modify, delete or otherwise change the Terms and Conditions without any approval, prior notice or reference to the Member.
· In the event of dispute in connection with the interpretation of Terms and Conditions, Craftkari’s decision shall be final and binding.