TERMS AND CONDITIONS
Please read these terms and conditions carefully before using our website. By using or accessing our platform, you acknowledge, without limitation, to be bound by these Terms of Use and the policies outlined under it, whether you have read the same or not. ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform. You are responsible for ensuring that your access to this Platform and the material available on or through it is legal in each jurisdiction, in or through which you access or view the Platform or such material.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
This document is published under the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the domain name indyhaat.co.in. This electronic record is generated by a computer system and does not require any physical or digital signature
WHO WE ARE & OUR OBJECTIVES
This e-commerce platform i.e indyhaat.co.in is owned and operated by INDY HAAT INTERNET PRIVATE LTD ( hereinafter referred to as “Indyhaat”, “we”, “us” and “our” ), which is a company incorporated under the provisions of the Companies Act, 2013 with its registered office at Q-49-C, Ground Floor, Uttam Vihar, Uttam Nagar, West Delhi, Delhi, India, 110059, India. The main Objectives of INDYHAAT are as follows :
- To carry out the business of online and e-commerce services of buying, selling, and marketing in all kinds of Geographical Indication (GI) Products and develop websites for online services of buying, selling, and marketing in all kinds of geographical Indication (GI) Products in India or elsewhere in the world.
- To carry out the business activity of e-commerce and e-business in India and/or abroad, which shall help consumers to buy, sell, rent, lease, sublease, trade, or exchange various goods, including Geographical Indication (GI) Products.
- To carry out the business of trading, online trading and marketing, export and import of consumer products including clothes, Woolen, Accessories, handicrafts, handlooms, toys, food products, GI products, gift items, etc., and sell them to the consumers through the website or on the retail chain.
- To carry out the business as buyers, online buyers and sellers, online marketers, sellers, traders, importers, exporters, merchants, exporters, departmental stores, brokers, distributors, traders, stockists, dealers, packers, and repackers of all types of consumer products.
- To carry out the business of online shopping and to provide high-quality services and products to clients and consumers, either directly or through the e-commerce portal.
- To carry out the business in packaging innovations and its associated products and logistics for e-commerce products.
- To carry out business as principals, franchises, agents, owners, proprietors, managers, contractors, consultants, advisors, investors, partners, joint venture partners or otherwise the business of establishing, maintaining and operating an online marketplace and being an enabler of any forms of commerce including without limitation by providing logistics, providing packaging technologies, warehousing, back-office services, customer relationship management, technology licensing, brand licensing, services, hosting, the content of all forms, information delivery, payment systems including payment gateways, advertising developing, procuring, marketing, assigning and licensing intellectual property rights of all kinds including software, patents, designs, technology, copyrights, GI, plant varieties, etc.
YOUR CONTRACT
These Terms and Conditions of Use govern your use of our Site and your conduct on this platform, regardless of the means of access. By merely accessing and or using our Platform, you agree to be unconditionally and irrevocably bound by the terms and conditions, including the policies. These constitute your binding contractual obligations to INDYHAAT.
For these Terms of Use, wherever the context so requires, “You” or “Your”, “User” shall mean any natural or legal person who is directly or indirectly using our Platform and hence, has expressly or impliedly agreed to be subject to the following terms and conditions of use.
YOUR ACCOUNT
Anyone above the legal age, competent to get into and execute a contract, can create/register an “Account” on our website and avail our complete range of services. You are responsible for maintaining the confidentiality of your account information, such username, password, and other credentials that may be used to access your account. The information provided to us by you shall be maintained by us under our Privacy Policy.
If you are accessing, browsing, and using the Site on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. If the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature
You agree to accept responsibility for all activities that occur under your account. You acknowledge and understand that any information provided by you under your account or any activity that you conduct under your account, does not infringe the rights of any third party whatsoever, and in case you do infringe the rights of a third party, expressly or impliedly, you shall be solely responsible and INDYHAAT is exempt of any liability arising from such infringement.
If you think your account has been breached and or its security has been compromised, contact us immediately using the contact information provided below. If we believe that your account poses a security threat to our website, we may temporarily or permanently suspend it without any liability to us. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in INDYHAAT’S best interests to do so.
TERMINATION OF ACCOUNT & ACCESS
INDYHAAT and its affiliates, where applicable, reserve the right to refuse service and/or temporarily or permanently terminate your account or access to our platform without any prior notice if we find that any of the Terms of Use and policies ( Privacy policy, Sale policy, IP policy ) have been violated, or that you have engaged, supported or participated in any of the prohibited activities laid hereinunder, or if we decide, in our sole discretion, that it would be in INDYHAAT’S best interests to do so.
If you believe that your account was wrongly terminated, kindly get in touch with us, and we will try our best to resolve the issue.
PRIVACY
We are committed to safe and responsible data processing. All our data practices are in accordance with and comply with the applicable laws and regulations. For a comprehensive review of our privacy and information practices, please review our Privacy Policy here.
LIMITED LICENCE FOR WEBSITE ACCESS
Subject to your compliance with the Terms of Use and other policies, you are granted a limited, revocable, non-exclusive, non-transferable right to access the website and its materials for your personal and non-commercial use only. The website or any part of website including but not limited to Intellectual property, software, layout, texts and images, may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose, unless with the explicit permission of INDYHAAT and or its affiliates, as may be applicable. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of indyhaat.co.in as long as the link does not portray INDYHAAT, or their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive light.
INDYHAAT reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.
PRODUCT & SERVICES INFORMATION
INDYHAAT attempts to provide you with the most accurate description and information regarding our products and services. We try to provide our customers with the best quality products available. However, as some of our products are handmade, they may slightly visually vary as compared to the display images. INDYHAAT does not warrant that the product descriptions, colour, size, information, or other content on the Platform is accurate, complete, reliable, current, or error-free. The website may contain typographical errors or other inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. If you are dissatisfied with the product you have received, kindly contact us.
We reserve the right to update, change, or correct any inaccurate, missing, or outdated information about our product and services (including pricing and availability) without prior notice at any time, including after an order has been placed.
PRICING INFORMATION
INDYHAAT attempts to provide you with the most accurate product and pricing information regarding our products and services. However, errors may occur.
On the occasion that any product or service has been listed with an incorrect price or availability information due to any technical error, INDYHAAT, at its sole discretion, reserves the right to refuse or cancel the order placed for the product/service. If we cancel the order after we have processed the payment, the said amount will be reversed to your credit/debit card account as per our Terms of Sale.
Prices and availability of the products and services provided or offered on the site are subject to change without prior notice and at the sole discretion of INDYHAAT.
USER CONTENT
Any information made available to INDYHAAT by you, or transmitted, uploaded, posted on our website by you, or transmitted, uploaded, posted by you on third party platforms in direct reference to INDYHAAT or its affiliates ( including but not limited to emails, chats, texts, images, reviews, graphics, videos, messages, designs, sound, graphics, logos ), hereinafter referred to as “USER CONTENT”, is solely your responsibility and INDYHAAT will not be responsible for evaluating or examining any of the User Content, nor does it assume any responsibility or liability for the User Content in case of any issue, violations or infringement that may arise from User Content.
You hereby understand and agree that INDYHAAT bears no responsibility for your User Content and hereby agree to relieve INDYHAAT of any legal, proprietary, or moral responsibility regarding the User Content. We further reserve the right, at our sole discretion, to remove any content on our platform that we find questionable or in violation of any of our terms or policies. You further understand that by using our services or platform, you without limitations or reservation, agree to not post any illegal, infringing, libellous, deceptive or legally violative content on our platform or on a third party platform, concerning INDYHAAT or its affiliates, where applicable and you unconditionally agree to remove or take down the same, when instructed to do so.
YOUR CONDUCT AND PROHIBITED ACTIVITIES
Your conduct on our website is subject to the terms, conditions, and policies of INDYHAAT. By accessing our platform and using our services, you hereby irrevocably agree to abide by these terms and policies and conduct yourself accordingly when using our platform.
You hereby irrevocably agree not to engage in any conduct prohibited by INDYHAAT or by the existing legal statutes. You must not use the website in any way that causes, or is likely to cause, the website or its access to it to be interrupted, damaged, or impaired in any way. You agree not to use the website for any of the following:
- For fraudulent, criminal, harassing, deceptive, and or any other unlawful activity
- To use, reproduce, or copy any material that does not belong to you
- Transmitting or sharing any information that is harmful to minors.
- Transmitting or sharing any information that is illegal and or against the terms and policies of INDIHAAT, including but not limited to information that is, misleading, deceptive, harmful, libellous, obscene, objectionable, or infringing upon someone’s rights.
- Transmitting or sharing any information that is otherwise injurious to third parties
- Transmitting or sharing that relates to or promotes money laundering or gambling, or any other prohibited activity
- Engaging in any conduct that threatens the unity, integrity, security, or sovereignty of India or friendly relations with foreign States;
- or engaging in any activity is otherwise objectionable or unlawful in any manner whatsoever;
- or transmitting or sharing anything that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any “spam”.
INDYHAAT hereby reserves the right to terminate your account, block your access to our platform and services, if you are found to violate any of these conditions or are found to be engaging in any other conduct that is generally inappropriate. We further reserve the right to report you to the respective authorities in cases of gross violations that warrant severe action.
INTELLECTUAL PROPERTY RIGHTS
All the Intellectual property on this site, registered or unregistered, is the property of INDYHAAT INTERNET PRIVATE LTD (hereinafter referred to as “Indyhaat”, “we”, “us” and “our”), and or its respective Affiliates/Proprietors (who have explicitly given their consent/license for their IP to be used on this site). By using our services, you explicitly agree to all the terms and conditions elucidated in our IP policy. For a comprehensive review of our IP policy and practices, please review our IP policy here.
THIRD PARTY LINKS AND ADVERTISEMENTS
This website may contain third-party links, hyperlinks, and advertisements. This does not mean INDYHAAT endorses, recommends, or takes liability for any of these thirty party sited, their products, information, or services. INDYHATT, unless expressly stated otherwise, has no association or relationship with the said thirty parties.
INDYHAAT takes no responsibility for any content, conduct, business practices, terms and conditions, and privacy practices of these third-party sites and advertisers. We take no responsibility for their actions or for your transactions with them in any form whatsoever. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via our Site.
DISCLAIMER OF WARRANTY
You acknowledge and undertake that you are accessing the products and services on the website, and transacting at your own risk, and are using your best and prudent judgment before entering into any transactions through our website.
You further acknowledge and undertake that this website and its products are for your personal, non-commercial use only. INDYHAAT shall neither be liable nor be responsible for any actions or inactions of sellers nor any breach of conditions, representations, or warranties by the sellers or manufacturers of the products, and hereby expressly disclaims all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
You further acknowledge that the site is presented “as is.” Neither we nor our holding, subsidiaries, affiliates, partners, sellers or licensors make any representations or warranties or representations of any kind whatsoever (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty of any kind..
LIMITATION OF LIABILITY
To the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, sellers or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
You acknowledge and agree that no claims or actions arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.
INDEMNITY AND RELEASE
You shall indemnify and hold harmless INDYHAAT INTERNET PRIVATE LTD, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release INDYHAAT INTERNET PRIVATE LTD and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
CHILDREN
The use of our platform is meant for individuals who have attained the age of legal maturity and are capable of entering into a legally binding contract. We do not solicit or collect information from children. Anyone under the age of 18 may look at our site, but cannot submit to us any personal information, and cannot engage our services or make purchases without the supervision of a responsible adult, parent, or legal guardian.
LOSSES
You acknowledge and agree that INDYHAAT will not be responsible for any losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss, that is not reasonably foreseeable to both you and us when you use our website or avail our services.
COMMUNICATIONS
When using our services and placing an order through our platform, you will be required to provide us with your valid name, phone number, address and email address. This is to ensure that we can communicate with you and successfully fulfil your order. By availing our services in any form, you consent to receiving communications including SMS, e-mails or phone calls from us with respect to your order.
AMENDMENTS AND UPDATES TO THIS POLICY
These Terms of Sales are subject to periodical changes and updates as per new regulations and INDYHAAT’s in-house practices. We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the conditions and Terms of use in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
We will alert you about any significant changes by posting the updated policy as well as a notice on our Platform, or by sending you an email when we are required to do so by applicable law. If any of these conditions are deemed to be invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed under the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at New Delhi, India.
SELLER REGISTRATION
If you would like to become our affiliate and or would like to sell your products on our website, Kindly contact us at support@indyhaat.co.in
QUERIES AND GRIEVANCES
If you have a query, issue, concern, or complaint in relation Terms of use and policies, please contact us at the information provided below.
contact@indyhaat.co.in
