These Terms and Conditions, as modified or amended from time to time, are a binding contract between the company and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these terms and conditions). In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third party vendors, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant.
The User acknowledges that, although the World Wide Web is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
This Agreement sets forth the Terms and Conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the Terms and Conditions. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.
You may not use the Site in any manner that is deemed unlawful, or to solicit any illegal activity and is consistent with all applicable laws and regulations.
The Site/Company takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant and/for some services or activities that involve potential bodily harm, and for those activities, the Company takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing those services.
(i) 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 Site.
(ii) The Site is available to users/members who are 18 years or older. However if you are below the age of 18 years, parents or legal guardians can transact and use the services of the Site on your behalf if they are registered users on the Site.
(iii) Indus Loom reserves the right to terminate your access to the Site, if you are found to below the age of 18 years.
(iv) As a customer, you agree hereby to provide accurate and true and correct information about yourself, your age, your details if prompted by the user registration form.
REGISTRATION – YOUR ACCOUNT & YOUR INFORMATION
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.
· You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ;
· We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; We own the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
· If you use the Site, you are responsible for maintaining the confidentiality of your account and password including events when it is being used by any of your family members, friends or relatives, whether a minor or an adult.
· You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company.
· You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
(i) “Your Information” is defined as any information you provide to us or other users of the Site in the registration process, in the feedback area, bulletin board, chat service etc. or through any e-mail feature.
(ii) You are solely responsible for Your Information, and in accordance with certain features of the Site we may only act as a passive conduit for Your Information.
RULES OF CONDUCT ON SITE
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) 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];
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(c) Harm minors in any way; solicits gambling or engages in any gambling activity which Indus Loom, in its sole discretion, believes is or could be construed as being illegal;
(d) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(e) violates any law for the time being in force;
(f) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) Impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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.
(j) Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
The Site may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Site. We are under no obligation to review any message, information or content (“Postings”) posted on the Site by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, We may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause; and
CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card.
You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order.
Indus Loom will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently.
Indus Loom reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions.
Indus Loom reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.
The Site may contain some links to or may provide links to other World Wide Web sites or resources (“Linked Sites”). These Linked Sites are for your information and convenience only and you access them at your own risk. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indus Loom does not endorse any Linked Sites in any way.
Merchandise price is exclusive of VAT and any applicable taxes. The VAT / applicable taxes charged will depend upon the destination where the order has to be shipped. The tax rate applied for the order(s) will be the total tax rate for both state and local tax rates in accordance with order shipping address. We reserve the right to collect taxes for shipping charges wherever applicable.
As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link in any of our email communication.
PRICING INFORMATION/TYPOGRAPHICAL ERROR
We strive to provide you with the best prices possible on products and/or services you buy from us, however, We do not guarantee that the price will be the lowest in the city, region or geography.
Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur due to any technical issues. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information from our vendor’s prices, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation.
· In the event that we accept your order the same shall be debited to your Credit Card Account/Debit Card/Net banking Account respectively. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your Credit Card Account/Debit Card/Net banking Account respectively. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option in such a case as no money has been accepted by us in advance.
· We will try to be accurate, however if you come across any difference in pricing on the Site, pre and post orders, we request you to contact us within 48 (Forty Eight) hours of placing your order. We shall then refund the difference amount within 10-15 business days of intimation. Cash on Delivery order refunds will be done by Cheque. If we come across any such difference in pricing, we have all the rights to rectify the same or cancel the order.
While Indus Loom makes every sincere effort and be as accurate as possible to display and feature the product description, colours of the products featured on the Site, we do not warrant or guarantee that product description or colors of the products or other content is accurate, complete, reliable and error-free. Especially with the products’ colours – as calibrations and screen displays of monitors or various devices may differ and may not provide accurate information.
It may be notified that certain orders may arise, that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some circumstances that may result in your order being cancelled shall include – limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require verifications or information before confirming any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your Card/Account has been charged, the requisite amount will be reversed back in your Card/Account.
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24-48 hours within the order placement on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24-48 hours from placing the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
DISCLAIMER OF WARRANTIES
All Content, Products and Services on the Site (including but not limited to software); or obtained from a website to which the Site is linked (A “Linked Site”) are provided to you “as is” and “and available” basis without any representation of warranties, express or implied except otherwise specified in writing.
The above mentioned content is provided to you without any warranties either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of the products and not by us. Any claim in such relation to the same should be raised against respective manufacturer/supplier and not against any us in any case whatsoever. We do not endorse and are not responsible for
(i) The accuracy or reliability of any opinion, advice or statement made through the site by any other party other than us.
(ii) Any content provided on linked sites (or)
(iii) The capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection laws, under no circumstance will we be liable for any loss or damage caused a User’s reliance on Information obtained through the site or a linked site, OR, User’s reliance on any product or service obtained from a linked site.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Indus Loom does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from Indus Loom are free of viruses or other harmful components.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
All the products sold on the Site are governed by different state laws and if we are unable to deliver such products due to implications of different state laws, we will return or will give credit for the amount received by Indus Loom from the sale of such product that could not be delivered to you.
RISK OF LOSS
We ensure that all orders purchased from the Site are made pursuant to a shipment contract. Essentially, this means that the risk of loss & title for such items pass to you upon our delivery to the carrier.
LIMITATION OF LIABILITY
You expressly understand and agree that the Company and its subsidiaries, affiliates, officers, employees, agents, shareholders and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (Even if the Company has been advised of the possibility of such damages), resulting from the use of the Site, Sale and Supply of Goods, Content or any related/unrelated services and other services offered on the Site from time to time.
You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
TRADEMARK, COPYRIGHT & RESTRICTION
The trademarks, logos and service marks (“Marks”) incorporated on the Site are our property and/or the property of the respective person(s). Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the right to the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, 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 Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.