Terms of Service
Kindly read the following terms and conditions carefully. Please note
that by accessing or using the services provided by the website, whether
automated or otherwise you, a registered user or guest user in terms of the
eligibility criteria set out herein you (“User” and/or “you”) agree
to be bound by these Terms and Conditions (“Terms”) and any
additional terms and conditions are subject to the below mentioned Terms
& Conditions. 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.
INTRODUCTION TO OOTY KRAFTS
- OOTY
KRAFTS is registered and operated under trademark M/S Ooty Krafts having
its registered office at 175 Bandishola, Ooty – 643 001, The Nilgiris,
Tamil Nadu - INDIA. Contact us at info@ootykrafts.com
- The
Website is operated by M/S Ooty Krafts, a proprietorship firm under the
laws of India having its registered 175 Bandishola, Ooty – 643 001, The
Nilgiris, Tamil Nadu - INDIA. All references to Website in these Terms
shall deem to refer to the aforesaid entity in inclusion of the online
portal.
TERMS OF USE
- This
Website may also contains links to other websites, which are not operated
by the Website, and the Website has no control over the linked sites and
accepts no responsibility for them or for any loss or damage that may
arise from your use of them. Your use of the linked sites will be subject
to the terms of use and service contained within each such site.
- We
reserve the right to change these Terms at any time. Such changes will be
effective when posted on the Website and may, at the sole discretion of
the Website be notified to the Users from time to time. Notwithstanding
the foregoing, by continuing to use the Website after we post any such
changes, you accept the Terms as modified.
ELIGIBILITY OF USE
- Use
of the Website is available only to such persons who can legally contract
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. shall not be eligible to
use the Website.
- Any
minor desirous to use or transact on Website, is required to conduct such
transaction through their legal guardian or parents.
- The
Website reserves the right to terminate any membership and / or refuse to
provide access to the Website if it is brought to the Website’s notice or
if it is discovered that the person accessing/using the Website is under
the age of 18 years.
- By
accepting the Terms or using or transacting on the Website, the User
irrevocably declares and undertakes that he/she is of legal age i.e. 18
years or older and capable of entering into a binding contract and such
usage shall be deemed to form a contract between the Website and such User
to the extent permissible under applicable laws.
REGISTRATION & SECURITY
- Any
person may access the Website and the Products either by registering to
the Website or using the Website as a guest.
- Once
registered, you will receive a confirmation mail on your registered email
address regarding the password and account designation upon completing the
Website's registration process.
- User
are responsible for maintaining the confidentiality of the password and
account and are fully responsible for all activities that occur under your
password or account.
- User
will notify OOTY KRAFTS of any unauthorized use of their password or
account or any other breach of security.
- OOTY
KRAFTS cannot and will not be liable for any loss or damage arising from
user’s failure to comply with the Terms and reasonably expected good
practices in this regard.
PRIVACY POLICY
- By
impliedly or expressly accepting these Terms, you also accept and agree to
be bound by OOTY KRAFTS Policies (including but not limited to Privacy
Policy available at their official website as amended from time to time.
If you do not want to be bound by the Terms, User must not subscribe to or
use our services. We encourage our users to read these Terms carefully
while using the Website.
- By
subscribing to or using any of our services, User hereby agree to have
read and understood all the privacy policies of the website.
- Please
note, the contents set out herein form an electronic record in terms of
Information Technology Act, 2000 and rules there under as applicable and
as amended from time to time. As such, this document does not require any
physical or digital signatures and forms a valid and binding agreement
between the Website and the User. These Terms are made available to the
User pursuant to and in accordance with the provisions of Rule 3 (1) of
the Information Technology (Intermediaries Guidelines) Rules, 2011 that
require publishing the rules, regulations, privacy policy and Terms for
access or usage of the Website.
PROHIBITIONS
- The
following actions will be considered as misuse of the website, and are
thus prohibited:
- Transmission
or distribution of technologically harmful data like virus, malicious software,
trojan, etc.;
- Posting
or transmitting content that promotes obscenity, pedophilia, racism,
bigotry, hatred or physical harm to any kind against any group or
individual;
- Transmission
of junk mails, spam or chain letters;
- Promoting
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
- Posting
unsolicited promotional or advertising content;
- Distributing
or reproducing any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of
such proprietary rights in any way;
- Promoting
an illegal or unauthorized copy of another person's copyrighted work 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 file, providing or
creating computer viruses;
- Providing
instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or posting video,
photographs, or images of another person age 18 or older without his or
her express written consent and permission or those of any minor
(regardless of whether you have consent from the minor or his or her legal
guardian).
- We
hereby hold no liability to any sort of damage or harm caused to your
software, data or computer device by downloading content from this
website.
TERMS OF SALE
- Once
User place an order with OOTY KRAFTS, you thus agree to abide by the
following terms and conditions:
- All
the orders placed with us are subject to availability of the desired
product.
- Once
an order is placed, an acknowledgement e-mail stating the confirmation of
User’s order will be received by the User. Please note that this
acknowledgement does not mean the acceptance of User’s order. User’s order
is only accepted once the payment is received from your credit/debit
card/account.
- A
standard authorization check is carried out on your payment card once your
order is received by us. This is done solely to make sure that you have
sufficient funds and thus user’s transaction can be carried out without
any hindrance.
- We
make our best efforts to ensure that the product descriptions and set
prices are accurate. However, error may occur. If it is discovered by us
that the mentioned price at which you placed the order is incorrect, user
will be informed by us at the earliest. You will be given the following
two options –
- User
can reconfirm your order at the corrected new price; If user does not wish
to make the purchase any longer, you can cancel your order;
- In
case we are unable to contact you regarding the price change, your order
will be considered as cancelled, and the debited amount will be refunded
back to your respective account.
- We
offer you promotional discount codes that are applicable on the purchases
made on this website. These discount codes can be applicable on all or
certain specified products. Please note that use of only one discount code
is permissible per order. You cannot use a discount code if an order is
already placed.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
- Intellectual
Property Rights (“IPR”) for the purpose of these Terms 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, source
code, technical data, 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 and further shall also include but not be limited to
all text, graphics, user interfaces, visual interfaces, sounds and music
(if any), artwork and computer code in relation to the Website.
- All
IPR on the Website exclusively belong to either the Website or the third
party sellers and suppliers, as the case may be. Under no circumstance
shall any User infringe in any way such IPR of the Website, a third party
supplier or Seller during or pursuant to its use of the Website for any
purposes whatsoever.
Except as expressly provided herein, the User acknowledges and agrees
that it shall not copy, republish, post, display, translate, transmit,
reproduce or distribute or in any other way infringe any Intellectual Property
Right through any medium without obtaining the necessary authorization from the
Website or the thirty party owner of such Intellectual Property Right.
PAYMENTS
- 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
Lack of authorization for any transaction/s, or Exceeding the preset limit
mutually agreed by User and between "Bank/s", or Any
payment issues arising out of the transaction, or Decline of transaction
for any other reason/s
Notwithstanding anything contained herein, the Website reserves the
right to conduct additional verification for security or other reasons if it is
not satisfied with the creditability of the User.
- Every
User hereby agrees to provide accurate information, such as credit/debit
information for purchasing Products on the Website. Every User further
warrants that he/she shall not use payment information or instrument that
is not lawfully owned by the User. The Website shall not utilize or share
with any third party unless required as per law, regulation or court order
or in accordance with the terms of the Privacy Policy. The Website
disclaims all liabilities arising out of loss of any information
pertaining to the Confidentiality of the credit/debit card details or
pre-paid instrument account. In addition to these Terms, the terms and
conditions of the bank or other financial institution shall also be
applicable to every User. The Website disclaims any liability arising out
of declining of payment by such bank or financial institution.
GUARANTEE OF PRODUCTS/SERVICES
- OOTY
KRAFTS hereby disclaims any guarantee of the accuracy in terms of finish
and appearance of the final product as ordered by the user. The quality of
any products, services, information, or other material purchased or
obtained by you through the website may not meet your expectations.
SHIPPING AND DELIVERY
- All
Products purchased from OOTY KRAFTS shall be delivered to the User by co
through a logistics partner or by OOTY KRAFTS themselves.
- All
deliveries where applicable shall be made on a best effort’s basis, and
while the Website will endeavor to deliver the Products on the dates
intimated, the Website disclaims any claims or liabilities arising from
any delay in this regard.
- In
case of cash on delivery (“COD”) orders a nominal fee may be charged on
all COD orders. The COD charge can be viewed at the time of placing the
order and in all order related emails. This charge shall not be refunded
if an item is returned or if the cancellation request is raised after the
order is shipped.
- The
logistics partner supported by co will make a maximum of three attempts to
deliver your order. In case the User is not reachable or does not accept
delivery of products in these attempts the respective OOTY KRAFTS reserves
the right to cancel the order(s) at its discretion.
- On
placing your order, you will receive an email containing a summary of the
order.
- Sometimes,
delivery may take longer due to inter alia: bad weather, flight delays,
political disruptions and other unforeseen circumstances.
The Website shall
not be held responsible and will bear no liability in case of failure or delay
of delivering the Products including any damage or loss caused to the Products.
LINKING TO THIS WEBSITE
- User may
provide links to our website homepage. However, it should not suggest our
association with the User in any form or the other. Also, doing so must
not bring any legal or reputation damage to our website.
LIMITATION OF LIABILITY
- OOTY
KRAFTS shall not be responsible or liable for any special,
incidental, indirect or consequential damages of any kind in connection
with this Agreement, even if OOTY KRAFTS has been informed in advance.
INDEMNITY
- You
agree to indemnify and hold OOTY KRAFTS (and its officers, directors,
agents, subsidiaries, joint ventures, and employees) harmless from any
claim or demand, including reasonable attorney’s fees, or arising out of
or related to your breach of this T&C, or your violation of the rights
of a third party including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-fulfilment of
any of your obligations under this End User Agreement or arising out of
violation of any applicable laws, regulations including but not limited to
Intellectual Property Rights, payment of statutory dues and taxes, claim
of libel, defamation, violation of rights of privacy or publicity, loss of
service by other subscribers and infringement of intellectual property or
other rights. This clause shall survive the expiry or termination of this
T&C.
DISPUTE RESOLUTION
- In
the event any dispute arises out of or in connection with the Terms
herein, including the validity hereof, the parties hereto shall endeavour
to settle such dispute amicably in the first instance.
- In
case of such failure of settling the dispute applicable within 15
(fifteen) days, the dispute shall be referred to a sole arbitrator, who
shall be appointed by OOTY KRAFTS. The arbitration proceedings shall be
governed by the Indian Arbitration and Conciliation Act, 1996 and shall be
held in New Delhi. The language of arbitration shall be English.
APPLICABLE LAW
- This
agreement shall be governed by and interpreted and construed in accordance
with the laws of India. The place of jurisdiction shall be in Delhi.
JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
- Unless
otherwise specified, the material on www.ootykrafts.com is
presented solely for the purpose of sale India. OOTY KRAFTS makes no
representation of the materials that 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 shall do so on
their own will and OOTY KRAFTS shall not be responsible for supply of
goods/refund for the goods ordered from other locations/Countries other
than India, compliance with local laws, if and to the extent local laws
are applicable.
MISCELLANEOUS
- Assignment: This Term shall not be
assigned or otherwise transferred by the User.
However, the Website’s obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
- Severability: If any provision of these
Terms is void, or is so declared, such provision shall be severed. The
Terms shall otherwise remain in full force and effect.
- Waiver: Any failure or delay
by a party to enforce or exercise any provision of these Terms, or any
related right, shall not constitute a waiver by such party of that
provision or right. The exercise of one or more of a party's rights here
under shall not be a waiver of, or preclude the exercise of, any
rights or remedies available to such party under these Terms or in law or
at equity. Any waiver by a party shall only be made in writing and
executed by a duly authorized officer of such party.
- Relationship
between the Parties: Nothing in these Terms shall constitute or be
deemed to constitute a partnership, joint venture, agency or the like
between the parties hereto or confer on any party any authority to bind
the other party or to contract in the name of the other party or to incur
any liability or obligation on behalf of the other party.
- Force
Majeure: If
performance of any Service under these Terms by the Website is prevented,
restricted, delayed or interfered with by reason of labor disputes,
strikes, acts of God, floods, lightning, severe weather, shortages of
materials, rationing, inducement of any virus, Trojan or other disruptive
mechanisms, any event of hacking or illegal usage of the website, utility
or communication failures, earthquakes, war, revolution, acts of
terrorism, civil commotion, acts of public enemies, blockade, embargo or
any law, order, proclamation, regulation, ordinance, demand or requirement
having legal effect of any government or any judicial authority or
representative of any such government, or any other act whatsoever,
whether similar or dissimilar to those referred to in this clause, which
are beyond the reasonable control of the Website and could not have been
prevented by reasonable precautions then the Website shall in to be
excused and discharged from such performance to the extent of and during
the period of such force majeure event, and such non-performance shall, in
no manner whosoever, amount to a breach by the Website of its obligations
herein.