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Term of Uses
This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of the Website (as defined below). You accept this Agreement by using the Website or accessing any content available through the Website. Indiahandmade Platform may revise this Agreement at any time by posting revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes.
1. This page, together with the documents hyperlinked from it, set out the Terms of Use (“Terms”) for visitors to the website https://www.indiahandmade.com/, including users Indiahandmade portal (“Platform”).
2. Users of the Platform (“Users”, “you”) include: (i) Artisans, weavers, NGOs, entities etc. as Sellers (“Sellers”) selling their articles/ goods/ products on the platform; (ii) Individuals, entities, corporates etc. (“Buyers”) who are looking to buy the products of the Sellers on the platform. The acts of uploading and displaying of articles/ goods/ products and buying the products as available on the platform, for the purposes of these Terms, be collectively known as the “Approved Purposes”).
3. The platform is owned by Ministry of Textiles and operated by Digital India Corporation (“us”, “we” and “our”) and is subject to the Notice of Copyright.
4. By using the platform, Users accept these terms and agree to abide by them. You must read these Terms carefully before you start to use the Platform. If you do not agree to these Terms, you must not use the Platform.
5. From time to time, we may update these Terms. Every time you wish to use the Platform, please check these Terms to ensure you understand them as they apply at that time.
Accessing Indiahandmade Platform
6. Access to the Platform is permitted on a temporary basis, and we reserve the right to withdraw or suspend or restrict the availability of all or any part of it for business or operational reasons without notice.
Subject to the conditions of this Agreement, "Indiahandmade.com" now provides the User the following limited, removable, non-exclusive, global, non-transferable, non-assignable rights and licences (each one a "License"):
1.The License to access, view and use any portion of the Website (including, without restriction, any data or services offered on or through the Website) solely for your personal, lawful use, as intended by the Website's standard functionality.
2.The authorization to create a registered personal account (along with the associated Username and password) on the Website.
3.Subject to this Agreement, the licence to use any other feature specifically made available by "Indiahandmade.com" on or via the Website for User use.
7. We do not guarantee that the Platform will always be available or be uninterrupted. We will not be liable if for any reason the Platform, or any part of it, is unavailable at any time for any period.
8. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
9. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
10. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that any person who uses the Platform on your behalf is aware of these Terms and complies with them.
User Eligibility
11. Users may only use the Platform if they wish to use the platform to sell their goods/ articles/ products or contrary to it, wish to buy the products/ articles/ goods displayed on the platform.
12. Users may only use the Platform if they are legally capable of entering into this form of contract and are at least 18 years of age. Only in case of buyers, if under 18 years of age, only under supervision of adult family members.
13. You agree that you will ensure that all details which you input to the Platform are true, accurate, current, and complete during the period of use by you of the Platform and/or the period during which such details may be accessed by others. In the event that any such details become inaccurate, out-of-date, or incomplete, you will make appropriate corrections as soon as is reasonably practicable. If you are, for any reason, unable to make such corrections, then you agree to notify us of the relevant changes by emailing us at care.indiahandmade@gmail.com.
Prohibited Use
14. You may not: (i) use the Platform for any purposes other than the Approved Purposes; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the services; (iii) upload, transmit or post any computer viruses, worms or Trojan horses, time-bombs, keystroke loggers, spyware, adware or any other harmful files, programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (iv) do anything to disrupt, damage, impair, interrupt, slow down or effect the functionality of the Platform; (v) impersonate another person or entity or create a false identity for the purpose of misleading any other User as to the identity of the sender or the origin of a message; (vi) upload abusive, sexually explicit, obscene or pornographic, false or misleading, hate speech, xenophobic or similar, defamatory or otherwise inappropriate material or content; (vii) do anything that would interfere with another User’s ability to use or enjoy the Platform or any related services or that would discourage a User from using the Platform or engaging our services; (viii) send, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.
15. Users may not use Personal Data obtained through the Platform other than in accordance with clauses 19 to 21 below.
16. Failure to comply with clauses 14 and 15 above constitutes a material breach of these Terms and may result in our taking all or any of the following actions (at our sole discretion): (i) immediate, temporary, or permanent withdrawal of your right to use the Platform; and/or; (ii) immediate, temporary, or permanent removal of any posting or material uploaded by you to the Platform; and/or (iii) issue of a warning to you; and/or; (iv) legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach (including, but not limited to, all legal costs); and/or (v) further legal or disciplinary action against you; and/or (vi) disclosure of such information to law enforcement authorities or regulators as is reasonably necessary or as required by law.
17. We exclude liability for actions taken in response to breaches of clauses 14 and 15 above. The actions described above are not limited and we may take any other action we reasonably deem to be appropriate.
Our Data Protection Obligations towards Users of the Platform
18. We will process your Personal Data in accordance with the Data Protection Legislation. For the purposes of these Terms: (i) shall have the meanings set out in the applicable Data Protection Legislation.
"Data Subject”, “Personal Data”, “Processor” and “Controller” shall have the meanings set out in the applicable Data Protection Legislation.
“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in India and which are applicable to the Parties.
19. By using the Platform, Users acknowledge that we will be processing their Personal Data on the lawful basis that it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
20. Furthermore, Users: (i) acknowledge that we will be processing any information about reasonable adjustments they require; and (ii) warrant that all such information provided by you is accurate (and where relevant will be kept up to date); and (iii) acknowledge that we will be processing any Sensitive Personal Data that you choose to disclose.
21. By agreeing to these terms, you acknowledge that Indiahandmade Platform may collect, use and disclose your information as described in our Privacy Policy, also available on the Website.
Copyright
22. All rights, including copyright and database rights, in the Platform (and its contents), are owned by or licensed to us, or otherwise used by us as permitted by applicable law or the copyright holder. To the extent that any such rights are our property, such rights shall be retained by us.
23. You may not remove any copyright, trademark or intellectual property notices contained in the original material from any material downloaded or copied from the Platform.
24. We grant you a limited revocable license to access and use the Platform and the services for the Approved Purposes only, subject to your compliance with these Terms. This license does not include the right to collect or use information contained on the Platform for the following or any analogous purposes: (i) to create derivative works based on the content of the Platform; (ii) to create a database by systematically downloading substantial parts of the Platform; (iii) to download or copy the Platform or any part of it (other than page caching); or (iv) to sub-licence, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer or create extracts of, or derivative works from the Platform.
25. We shall not be liable in case of Sellers use of copyrighted images for visual description of their articles/ goods/ products and such copyright claim shall be the sole liability of the Seller.
26. If you use the Platform in a manner that exceeds the scope of this license or you breach these Terms, we may revoke the license granted to you and take further action to recover losses and/or to prevent your future use of the Indiahandmade.com Platform.
Trademarkers
27. All names, images, logos identifying us or our services are our proprietary marks. All third-party names, logos, images, or branding relating to a company, product or service contained on the Indiahandmade.com Platform are the trademarks, service marks and trade names of their respective holders. Unless you have obtained the holders’ explicit written consent (either from us or the appropriate third party), we do not give permission for any use of any such trademark, service mark or trade name by any person other than the holders. Any such use may constitute an infringement of the relevant holder’s rights including Us.Viruses, Hacking and Other Offences
28. We do not guarantee that our site will be secure or free from bugs or viruses.
29. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
30. You must not damage or attempt to damage the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the IT Act 2000. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
External Links
31. The Platform may contain links to other websites, which are beyond our control. Such links are provided solely for information purposes and shall not be construed as any form of recommendation or approval by us.
32. You hereby acknowledge that such third-party websites are independent from the Platform, that we have no control over the content of linked third party websites and that you visit such third party websites entirely at your own risk. We accept no responsibility for the content of such websites, nor do we accept responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your use of any links to any other websites or reliance on the content of any website to which the Platform is linked or to which you are directed.
Framing, Linking and Deep-Linking
33. You may not frame, link or deep-link the Platform to any other website without our prior written consent.
34. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
35. We reserve the right to withdraw linking permission without notice.
Complaints
36. If you have any complaints about the Platform, please e-mail us at care.indiahandmade@gmail.com and we will consider your comments carefully.Our Rights
37. Any rights not expressly granted herein are reserved to the Indiahandmade Platform.
38. There is no association between "Indiahandmade.com" and the Users or any other individual, business, or entity. No party shall have any authority to enforce or act as the agent of the other in any way through any provision of this Agreement, the terms and conditions, notices, or data presented on the Website stated hereunder or any other part or pages of the Website and/or the Linked Websites.
39. We will always seek criminal prosecution of any individual who, or organisation which, seeks to use Our name, material, logos, or trademarks for unlawful purposes and, where appropriate, will take action in the civil courts of any applicable jurisdiction against any individual or organisation discovered to be using Our name, logos, trademarks or the Platform for unauthorised or unlawful purposes.
40. Any delay or failure by Us to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.
Disclaimer and Warranties
41. If you are the Buyer, you acknowledge that all information on the Platform in relation to Products/ articles/ goods and their descriptions has been provided by the Sellers and not by us and any deviation/ omission/ damage in the original product is the sole responsibility of the Seller and not the Platform. The Platform shall not be made liable on account of breach of any of the terms of contract between the buyer and the seller such as guarantee, warranty, after sales service, repair etc. and the Platform shall have no liability whatsoever towards any claim arising out of such contracts.
42. We are not able to warrant or guarantee the quality, accuracy, timeliness, completeness, or fitness for purpose of the information provided on the Platform. No responsibility is accepted by or on behalf of us for any errors, omissions, or inaccurate information on the Platform, nor are we responsible for how you use or interpret the information, or what reliance you place on it.
43. The information and content of the Platform is not intended to, nor does it, constitute advice or services or a recommendation to purchase any product or service.
44. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Platform and all warranties, including implied warranties of satisfactory quality, fitness for purpose, non-infringement and accuracy are excluded to the fullest extent that they may be excluded under applicable law. To the fullest extent permitted by law We will not be liable for any claims, costs, penalties, loss (whether direct, indirect, or consequential and whether economic or special loss), damages or expenses arising from the use or from the inability to use the Platform or from reliance on information or on advice contained on the Platform or from any unauthorised access or alteration to it by a third party.
45. We do not guarantee that the Platform (or any part of it) or any content is compatible with your computer equipment nor that the Platform (or any part of it), or its server, is free of errors or viruses, worms, bugs or Trojan horses, logic bombs or other material which is malicious or technologically harmful.
46. We will try to make the Platform available but cannot guarantee that it will operate continuously or without interruptions, or be error-free, and can accept no liability for its unavailability. We will provide the service using reasonable skill and care and we make no warranties other than those made expressly in these Terms. We hereby disclaim to the extent permitted by law all other express or implied warranties (including without limitation warranties of fitness for a particular purpose and merchantability) other than those which cannot be excluded by law.
Limitation of Liability
47. Except for liability for fraudulent misrepresentation or in relation to death and personal injury arising from our negligence, we will not be responsible or liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even foreseeable, arising or in connection with: (i) the content of websites to which the Platform provides links (and we do not accept responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your use of any links to any other websites or reliance on the content of any website to which the Platform is linked or to which you are directed); (ii) use of or reliance on any content displayed on the Platform; (iii) disruption, damage of your data or computer system which you may suffer as a result of the transmission of any errors or viruses, worms, bugs or Trojan horses, any distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform, or to your downloading of any material posted on them, or any website linked to them or other such destructive feature via the Platform; (iv) use of, or inability to use the Platform; and/or (v) deletion of any materials relating to your use of the service on our servers or otherwise in our possession following termination of your use of the Platform.Indemnity
48. You agree to indemnify, defend and hold the Platform, its subsidiaries, and affiliates, and their respective officers, agents, members, partners, associates, directors, consultants and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this AgreementTermination
49. If you are in material breach of these Terms we may (in our sole discretion): (i) suspend, limit your access to or terminate your use of the Platform and/or the service; and/or (iv) where relevant suspend, limit your access to or terminate your account with immediate effect.
50. If we terminate your use of the Platform, we may delete from our servers (and from the Platform) any information or materials relating to you (and/or your use of the Platform) subject to our requirements under the Data Protection Legislation and any retention requirements as set out in these Terms.
Severability
51. If any of these Terms should be determined to be illegal, invalid, or otherwise unenforceable, it/they shall be severed and deleted from these Terms and all other terms and/or conditions shall remain in full force and continue to be binding and enforceableEntire Agreement
52. Without prejudice to your or our rights in respect of fraud or fraudulent misrepresentation, these Terms constitute the entire understanding and agreement between you and us regarding the subject matter of these Terms and supersede all prior and contemporaneous agreements and understandings between you and us regarding the subject matter of these Terms.Rights of Third Parties
53. Notwithstanding anything else in these Terms, Indian Contracts Act shall not apply to any contract between you and us and no contractual rights are conferred on any third parties.Force Majeure
54. "Indiahandmade.com" is not responsible if it doesn't meet any of its responsibilities under the Agreement or offer the services or any part of them if the performance is stopped, slowed down, or postponed by a Force Majeure Event and if its commitments are put on hold for the period as the Force Majeure Event lasts. "Force Majeure Event" refers to a situation that is beyond a party's reasonable control. This incorporates, but is not limited to, the failure of any communication system, a breach or malware in the systems, fire, explosion, flood, acts of God, civil unrest, riots, rebellion, war and acts of government.Governing Law and Jurisdiction
55. These Terms shall be governed by and construed in accordance with the laws of India. The courts of Delhi, India shall, subject to clause 56 below, have exclusive jurisdiction over any claims, dispute or matter arising under or in connection with these Terms. In case of any dispute, controversy, claim arising out of or in connection with this contract, or the breach, termination or validity thereof, shall be submitted before the Sole Arbitrator who shall be appointed by Indiahandmade within 30 days of arising of such a claim/ dispute by way of notice to the other party. The seat of arbitration shall be Delhi, India and the proceedings shall be conducted in accordance with the arbitration law of India in English language.
56. We shall retain the right to bring proceedings in the courts of the country of residence of any user of the Platform.