Terms & Conditions

This document is an electronic record is as per the provisions of the Information Technology Act, 2000 and various rules/ regulations passed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures/ verification.

This document is published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.indiankalakari.com.

The domain name www.indiankalakari.com (hereinafter referred to as "Website") is owned by Zoiks a proprietorship firm, and has its registered office at B-63 Sarvodaya Enclave, Basement, Near IIT Gate, Opp Mothers International School, New Delhi - 110017, Delhi, India (hereinafter referred to as "Zoiks").

Your registration and any transaction on or through the Website, use of any of the Website’s services and tools are governed by the below mentioned terms and conditions ("Terms of Use"). Certain policies have been included in this Terms of Use by way of reference. The Terms of Use are binding on each and every transaction carried on or through the Website and use of any of the services of the Website.

For the purpose of these Terms of Use, the terms mentioned shall mean as follows:
a) You" or "User" shall mean any natural or legal person who has agreed to transact with Indian Kalakari or has become a buyer on the Website by providing Registration Data while registering on the same as a Registered User using the computer systems.

b) We", "Us", "Our" shall mean Indian Kalakari and will also include Zoiks and any of its subsidiaries, affiliates or permitted assigns.

For using any services offered on the Website or through Website, the User will have to register on the Website. The Website provides a standard registration form. The Website, at the time of registering a User, does not inquire into the details filled by such User. However, if any User misrepresents or fills wrong information in the Registration Form, which is discovered by the Website at a later stage, the Website will have the right to terminate the registration of such User, upon discovery of the such misrepresentation/ wrong information.

In addition to the these Terms of Use, use of any specific service on the Website, may be subject to additional terms and conditions provided therein. In the event of any change/ amendment in the applicable Law, such amendment/ change in the law will be part of this Terms of Use, even if such amendment/ change has not been specifically incorporated in the Terms of Use. The Website holds the discretion to change the Terms and Use from time to time.

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 Website as well as the services provided by the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE “TERMS OF USE”, THEREFORE IT IS SUGGESTED THAT YOU CAREFULLY READ THE TERMS AND CONDITIONS BEFORE PROCEEDING. By implied or express acceptance of these Terms of Use, You also accept and agree to be bound by Indian Kalakari Policies (which includes but is not limited to the Privacy Policy available on http://www.indiankalakari.com/privacy-policy) as amended from time to time.

Your Account and Registration Obligations

As soon as You register on the Website, You shall become responsible for maintaining the confidentiality of your Display Name and Password. Furthermore, You shall be responsible for all activities that take place under your Display Name and Password. If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership/registration on the Website and refuse to provide You with further or future access to the Website.

Communications

It is implied that when You use the Website or send emails or other data, information or communication to us, through your account or your personal email, You have agreed and understood that You are communicating with Us through electronic records. Your communication with us by means of email will also mean that you have consented to receiving periodic emails/ communications from us. We may communicate and respond to you by email or by any other such mode of communication, electronic or otherwise.

Charges

Indian Kalakari provides free membership to its Website for its buyers. In particular, Indian Kalakari 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 Indian Kalakari reserves 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 Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. However, the User will have an option to either use the paid services, or will have the option to 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 Indian Kalakari.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. You shall not directly or indirectly be involved in transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming". You shall try and not disclose your username and password to any public person, unless such disclosure is important for You to carry on any transaction on or through the Website.

2. You shall not promote illegal activities or conduct that is slanderous, intimidating, obscene, defamatory, libelous or hurt religious and cultural sentiments of any sect, section of the society.

3. Any onward sale of the products purchased by You through the Website can only be done with a prior written consent of the authorized person of Indiankalakari.com;

4. You shall not impersonate/ misrepresent to be another person while carrying on any transaction on or through the Website. This will also include the information that You submit while registering on the Website.

5. You shall not submit any information that in your knowledge that false, inaccurate or misleading and You had prior knowledge of such fact.

6. You shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers. In case it is discovered by the Website that it has incurred any loss, due to your activities on or through the Website, You shall indemnify the Website for such losses.

7. Any use of "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, which enables access to, acquisition of, copy or monitoring any portion of the Website or any Content, which reproduces 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 shall be prohibited. We reserve our right to take actions against any such activity.

8. Any attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

9. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms indiankalakari, indiannkalaakari, indiankalakary, indiankalakarii or otherwise engage in any conduct or action that might tarnish the image or reputation, of Indian Kalakari or suppliers on platform or otherwise tarnish or dilute any Indian Kalakari trade or service marks, trade name and/or goodwill associated with such trade or service marks,trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Indian Kalakari systems or networks, or any systems or networks connected to Indian Kalakari.

10. You shall not interfere with the working of the Website. You shall also not interfere with or cause any interference with any transaction being carried out on or through the Website.

11. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us 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.

12. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Indian Kalakari and / or Zoiks or any other associated enterprise.

13. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person.You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

14. Indian Kalakari 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 denial of services.

Contents Posted on Site

Any content or part of the Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, only with the prior and express written consent of Indian Kalakari.

You may use information on the products and services purposely made available on the Website for downloading, subject to the condition, that You (1) do not remove or change, any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy publish such information through any channel, (3) and make no modifications to any such information without express and written consent of the Website.

Privacy

It is very important for us to protect Your privacy. We undertake to maintain utmost confidentiality in relation to all the professional and personal information supplied to us by You. The storage and use of any sensitive information including financial information collected (as defined under the Information Technology Act, 2000), if any, shall be made on or through the computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with InformationTechnology Act 2000 and Rules there under. Our current Privacy Policy is available at http://www.indiankalakari.com/privacy-policy. In the event if you have any objection to our Policy Policy, you are required to raise such objections and report them to Us.

We and our affiliates (including the Company which owns the domain name www.indiankalakari.com) will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or the Company which owns the Website) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. In the event that any transaction happens which may lead to passing your personal information to a new entity (apart from Zoiks or any of its affiliates), such new entity shall be required to provide us a given assurance.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Indian Kalakari does not warrant that:

This Website will be constantly available, or available at all;

Indian kalakari assures you that the information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us shall be free of viruses and harmful contents, to the extent possible and to the best of the ability that can be managed by Us. We shall not be responsible for any harmful content that is circulated through the Website, if the contents of our Website have been interfered with.

No content that is available on this Website can be termed to be advice in any manner. All the Products sold on Website are governed by state laws of the respective states from where such products have been sourced or are being manufactured and if We are unable to deliver any of the Product due to implication of any of the applicable State Law, We will return or will give credit for the amount (if any) received in advance by Us from the sale of such Product that could not be delivered to You.

At the time of registering or making any transaction, You will be required to provide a valid mobile number. By providing such mobile number, You will consent to receiving promotional material and offers from Us. The mobile number will also enable us to provide you with real time tracking details and other relevant information in relation to the product ordered by You.

Services

Payment

Before shipping / delivering your order to you, We may request you to provide supporting documents (including but not limited to Govt. issued ID and a valid address proof) to establish the ownership of the payment instrument used by you for your purchase. In the event if You are sending someone a gift through the Website, Our representative may give you a call for validating the information submitted by You. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

1. You understand, accept and agree that the payment facility provided by Indian Kalakari is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Indian Kalakari Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Indian Kalakari is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers:

• It is implied and understood that, You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Us to purchase the products and /or services from Us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Us using Payment Facility.

• You, as a Buyer, may agree with Us through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Such extension/ increase may be chargeable in accordance with the Payment Facility Rules and Policies. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

• Any refunds, if any, shall be made at the same Issuing Bank from where Transaction Price was received or related account.

• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds through approved banking channels

• Refund shall be conditional and shall be with recourse available to Indian Kalakari in case of any misuse by Buyer.

• Refund shall be subject to Buyer complying with Policies.

1. Indian Kalakari reserves the right to impose limits on the number of Transactions or Transaction Price which Indian Kalakari may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator orthrough any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

2. Indian Kalakari reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Indian Kalakari or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Indian Kalakari may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Indian Kalakari. As a result of such check if Indian Kalakari is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

Compliance with Laws:

1. Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time and as and when applicable on any buyer, Customs Act, Information andTechnology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Zoiks Website. There are certain provisions of law which are not applicable on the transactions that are carried on or through the Website at this time, however, such provisions will be applicable on as and when basis. Currently the website only permits pan India transactions, hence, Exchange Control Regulations and rules issued there under shall not be applicable.

Buyer's arrangement with Issuing Bank:

1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

7 Day Replacement Guarantee If at the time of delivery and/or within 7 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from Us subject to the following terms and conditions:

1. Notify Us of any defects in the product/s at the time of delivery of the product/s and/or within 7 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.

2. Replacement shall be subject to the availability of the product with Us.

Following products shall not be eligible for return or replacement:

• Damages due to misuse of product;
• Any consumable item which has been used/installed;
• Any damage/defect which are not covered under the manufacturer's warranty. The products which are covered by manufacturer’s warranty will be covered by Us by a Warranty.
• Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered. The products which have been damaged due to mishandling and negligence of the courier agency, shall be replaced Us, subject to the Buyer giving it in writing on our request that the product has been damaged due to the negligence of the Courier agency;
• The replacement or return policy will not be applicable for the Jewelry sold by us on or through the Website.
On Clothing, Handicrafts, Home Decor and Jewelry, We accept 7 day exchange subject to the following conditions:

• Clothes, Homedecor Products and Handicrafts are not used (other than for trial), altered, washed, soiled or damaged in any way.

• Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

Damaged or defective products are meanwhile covered by the 7 Day Replacement Guarantee.

If Indian Kalakari has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Indian Kalakari may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and/or disqualify that user and any related users from availing protection through this program.Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Indemnity

You shall indemnify and hold harmless Indian Kalakari, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

Trademark, Copyright and Restriction

This site is controlled and operated by Zoiks and all the Products sold on the website have been procured through Supplier who in most of the instances will have protection under the applicable Intellectual Property Law. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint Indian Kalakari respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Indian Kalakari at info@indiankalakari.com.

Limitation of Liability

IN NO EVENT SHALL INDIAN KALAKARI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to info@indiankalakari.com.

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