This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. General Consideration & Definition
1.1 – CraftMantra.com is wholly owned by Pebble Media (www.pebblemedia.net). Craft Mantra provides its website features and services to you subject to the following conditions. If you wish to visit, browse or shop at Craft Mantra, you acknowledge and accept these terms & conditions. Additionally, if you use any current or future services or businesses provided by Craft Mantra, you will be subject to the guidelines, terms and agreements applicable to such services or businesses. 1.2 – In this terms and conditions, CraftMantra (www.CraftMantra.com), including any subdomains, webpages or extension of CraftMantra.com, are referred to as “Website” and the natural or legal person who has agreed to become a user of the Website by accessing, browsing, purchasing or registering are referred as "Users".
2.1 – The Company reserves the right to change the contents of this Website and/or the Terms of Service at any time. It also has the right to deny access to Users who the Company believes has violated the provisions of this Terms of Service. You are advised that any amendment to the Terms of Service or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised Terms of Service shall be effective from the time the Company posts the same on the Website.
3. Eligibility of Use
3.1 – This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or sell or purchase any items on the Website.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
4. User Registration
4.1 – You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The Company, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of your username and password.
4.2 – You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.
5.1 – You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
6.1 – Membership on the website is free. The website does not charge any fee for browsing and buying on the website. However the website reserves the right to charge fee and change its policies from time to time. In particular, CraftMantra may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event CraftMantra reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on the website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the website.
7. Use of the Website
7.1 – You agree, undertake and confirm that your use of CraftMantra shall be strictly governed by the following binding principles:
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. CraftMantra reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of CraftMantra website, or any other systems or networks connected to CraftMantra Website or to any CraftMantra's server, computer, network, or to any of the services offered on or through CraftMantra Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of CraftMantra website or any network connected to CraftMantra website nor breach the security or authentication measures on CraftMantra website or any network connected to CraftMantra Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to CraftMantra Website, or any other customer of CraftMantra, including any CraftMantra account not owned by you, to its source, or exploit CraftMantra Website or any service or information made available or offered by or through CraftMantra Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by CraftMantra Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of CraftMantra Website or CraftMantra's systems or networks, or any systems or networks connected to the CraftMantra.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CraftMantra on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on CraftMantra and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of CraftMantra, and that the recipient may use such information to harass or injure you. CraftMantra does not approve of such unauthorized uses but by using the CraftMantra Website you acknowledge and agree that CraftMantra is not responsible for the use of any personal information that you publicly disclose or share with others on CraftMantra. Please carefully select the type of information that you publicly disclose or share with others on CraftMantra.
CraftMantra.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
8. Cancelation by CraftMantra
Please note that there may be certain orders 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 situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting 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 credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user's account in case of cancellation.
9. Fraudulent /Declined Transactions
Our fraud detection team constantly monitors the user's account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and CraftMantra reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. CraftMantra 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, CraftMantra reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, CraftMantra shall owe no liability for any refunds.
10. Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on CraftMantra 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 CraftMantra. Further the said information will not be utilized and shared by CraftMantra with any of the third parties unless required for fraud verifications or by law, regulation or court order. CraftMantra 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.
The Site or third parties may provide links to other World Wide Web sites or resources. Because CraftMantra has no control over such sites and resources, you acknowledge and agree that CraftMantra is not responsible for the availability of such external sites or resources, and does not endorse and is 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 CraftMantra 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.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of CraftMantra and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of CraftMantra or such third party which may own 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.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. User hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Site by the User.
13. Limitation of Liability
CraftMantra and Pebble Media, its officers, partners, parents, subsidiaries, affiliates are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the website content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in any CraftMantra websites, including without limitation as a result of breach of any term of this agreement. Applicable law many not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will website's total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of the website, regardless of the form exceed the amount paid by you to CraftMantra, if any, for accessing CraftMantra.
You agree that you will indemnify and hold harmless CraftMantra and its partners, officers, subsidiaries, affiliates and agents from any and all liability arising in connection with your use of the website, including but not limited to any information you post on CraftMantra.
15. Force Majeure
CraftMantra shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
16. License and Site Access
CraftMantra grants you a limited license to access our website and the service provided. This license does not include any downloading of account information for the benefit of another vendor or any other third party; caching, unauthorized links to the website and the framing of any content available through the website 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 the Company's sole discretion) an unreasonable or disproportionately large load on the website's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the website. Any unauthorized use by you shall terminate the permission or license granted to you by the website.
17. Governing Law
This website is maintained by Pebble Media. The laws of India shall apply and courts in Kolkata/West Bengal shall have jurisdiction in respect of all the terms, conditions and disclaimers