This ‘Terms and Condition’ document is the electronic record for Information Technology Act, 2000 as well as rules there underneath as applicable with the modified provisions relating to electronic records for different statutes amended by Information Technology Act, 2000.
Please go through the given terms & conditions carefully because your service use is subject to the acceptance of as well as compliance with following terms & conditions (“Terms”). By using or subscribing any of these services, you accept that you have read and understood all the Terms, despite how you have subscribed to or used to the services.
In case, you don’t want to be required by the Terms, then you should not use or subscribe to our services. The Terms and different other policies are bound according to the provisions about the IT Intermediaries Guidelines Rules, 2011 expressed under the Information Technology Act, 2000.
With these Terms, the references to “User”, “you” intend to the end user, using the Website, content and Services provided using the Website. The term “Service Providers” refers to the independent third-party service providers, as well as “we”, “us” or “our”, intend to Mitticool Clay Creation.
a) The domain name www.mitticool.com (hereinafter referred to as “Website”) is owned by Mitticool Clay Creation a company incorporated under the Companies Act, 1956 with its registered office at R.K. Nagar, Panchashar Road, Wankaner – 363 622, Rajkot (Gujarat) India (hereinafter referred to as “MITTICOOL” or “mitticool.com”).
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. MITTICOOL at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
2. User Account, Password, and Security:
You will receive a registration email upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify MITTICOOL of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. MITTICOOL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Services Offered:
MITTICOOL provides an Internet-based “Service” through the Web Site. It enables users to purchase merchandise such as earthen cookware & tableware (collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
5. Limited User:
The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or images obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that MITTICOOL’s name is stated as the source and prior written permission of MITTICOOL is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
6. User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
(d) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
(e) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) Violate any code of conduct or other guidelines, which may be applicable for or to any Service;
(i) Violate any applicable laws or regulations for the time being in force in or outside India; and
(j) Violate, abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
(k) 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. We reserve our right to bar any such activity.
l) You shall not 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.
(m) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the 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 the Website.
(n) 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 MITTICOOL, or otherwise engage in any conduct or action that might tarnish the image or reputation, of MITTICOOL or our product suppliers or artisans or otherwise tarnish or dilute any of our 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.
(o) 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.
(p) You may not forge headers or otherwise manipulate identifiers 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.
(r) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
7. User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you about the Services rendered by MITTICOOL.
8. Exactness Not Guaranteed:
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. MITTICOOL hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. Our products are handicraft products, which are meticulously handmade by artisans one piece at a time. Due to this process, there may be slight variations in shape, size and color from one item to the other. Such variations are inherent in the manufacturing of handmade products. Therefore, the Product pictures on MITTICOOL may not be identical to the Product that you receive.
9. Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, MITTICOOL owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, images, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to MITTICOOL without obtaining authorization from MITTICOOL.
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service.
10. Links to Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MITTICOOL or the Website and MITTICOOL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MITTICOOL is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Mitticool.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MITTICOOL or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11. Disclaimer of Warranties/Limitation of Liability:
MITTICOOL has endeavored to ensure that all the information on the Website is correct, but MITTICOOL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall MITTICOOL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services or Products;
(b) unauthorized access to or alteration of the user’s transmissions or data;
(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall MITTICOOL be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, MITTICOOL shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ’as is’ and ’as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement.
In no case shall MITTICOOL CLAY CREATION, our directors, , employees, affiliates, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
You agree to indemnify, defend and hold harmless MITTICOOL from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MITTICOOL that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
13. User Comments, Feedback & Other Submissions:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ’comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Prices and availability are subject to change without notice or any consequential liability to you. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
While MITTICOOL strives to provide accurate products, services and pricing information, typographical and other errors may occur. If a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, MITTICOOL may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. MITTICOOL will have the right to modify the price of the product or service and contact you for further instructions via e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If MITTICOOL cancels the order after the payment has been processed, the said amount will be remitted to your account from which the payment was made as per the Cancellations, Returns & Refunds Policy.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
15. Shipping & Delivery:
Your shipping address, pin code will be verified with the database of MITTICOOL before you can proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by MITTICOOL, in such cases MITTICOOL will not be responsible for the non-delivery of the product. MITTICOOL also deliver items internationally.
In case you book multiple items in one order, MITTICOOL would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics’ issues. If you purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.
a) MITTICOOL may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 14.a above, these Terms will survive indefinitely unless and until MITTICOOL chooses to terminate them.
c) If you or MITTICOOL terminates your use of the Website or any Service, MITTICOOL may delete any content or other materials relating to your use of the Service and MITTICOOL will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
17. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Delhi.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
19. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
20. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.